Terms & Conditions

Welcome to MBI Dive Center.

These Terms & Conditions govern your use of the MBI Dive Center website and your booking or purchase of recreational dives, diving courses, training, equipment and other diving-related services.

By making a booking, submitting an order, making a payment, or participating in any activity with MBI Dive Center, you acknowledge that you have read, understood and agreed to these Terms & Conditions.

1. About MBI Dive Center

MBI Dive Center is a scuba diving center located on Malapascua Island, Barangay Logon, Daanbantayan, Cebu, Philippines.

MBI Dive Center operates under Malapascua Budget Inn Resort OPC.

Our business registration and company information are provided on our Legal page.

2. Bookings & Reservations

A booking is considered confirmed once the required payment has been successfully received and the booking has been confirmed by MBI Dive Center.

Customers are responsible for providing accurate information when making a booking, including:

• Full name
• Contact information
• Booking date
• Number of divers
• Diving certification level, where applicable
• Course information, where applicable
• Any other information reasonably required to provide the booked service

MBI Dive Center may contact customers using the contact information provided during the booking process.

3. Payments

All prices displayed on our website are in Philippine Pesos (PHP) unless otherwise stated.

Customers are responsible for ensuring that all booking and payment information provided during checkout is accurate.

Payments may be processed through third-party payment providers. Additional fees or charges imposed by a customer's bank, card issuer or payment provider may apply.

4. Non-Refundable & Non-Transferable Bookings

Because MBI Dive Center reserves dive guides, instructors, boats, equipment, training resources and other operational resources based on confirmed bookings, all payments are generally non-refundable and non-transferable, except in the specific circumstances described in these Terms & Conditions and subject to applicable Philippine law.

Customers are encouraged to carefully review their booking dates, selected services and booking information before completing payment.

5. Fun Diver Cancellation & Refund Policy

Payments made for confirmed fun dive / recreational dive bookings are non-refundable and non-transferable, except in the qualifying circumstances described below.

A refund may be provided where the booked activity cannot reasonably operate due to:

Typhoon or Severe Weather

A typhoon or severe weather condition directly affecting Malapascua Island prevents MBI Dive Center from safely operating the booked activity.

Government Lockdown, Border Control or Travel Restrictions

A government-imposed lockdown, border control or travel restriction directly prevents the customer from reaching Malapascua Island or participating in the booked activity.

Where a qualifying circumstance applies, MBI Dive Center will communicate with the customer regarding the applicable refund or rescheduling options.

6. Fun Diver Non-Refundable Circumstances

Refunds are generally not available for personal, travel-related or other circumstances that do not fall within the qualifying events described above.

This includes, but is not limited to:

• Change of travel plans
• Change of mind
• Personal reasons
• Flight cancellation
• Flight delay
• Missed flight
• Missed ferry or boat
• Accommodation problems
• Personal schedule changes
• Failure to arrive at the required assembly time
• Choosing not to participate
• Changes in personal circumstances
• Other reasons unrelated to a qualifying cancellation event

Customers are responsible for making appropriate travel and accommodation arrangements to arrive at the dive center on time.

7. Diving Course Cancellation & Refund Policy

Payments made for diving courses are non-refundable and non-transferable, except in the qualifying circumstances described below.

Diving course bookings may require MBI Dive Center to reserve or purchase:

• Instructor schedules
• eLearning materials
• Training materials
• Equipment
• Boats
• Training locations
• Other resources specifically for the student

If a qualifying event prevents the course from taking place, including a typhoon affecting Malapascua Island or a government-imposed lockdown, border control or travel restriction that directly prevents the student from reaching or participating in the course, the applicable payment may be refunded less PHP 6,000 for eLearning, where the eLearning component has already been purchased, activated, issued or incurred for the student.

8. eLearning Fee

Where an eligible course refund applies and the student's eLearning has already been purchased or activated, PHP 6,000 will be deducted from the applicable refundable amount to cover the eLearning cost.

For example:

Course Payment: PHP 20,500
eLearning Cost: PHP 6,000
Potential Refund: PHP 14,500

The actual refund amount will depend on the individual booking and costs already incurred by MBI Dive Center.

9. Course Non-Refundable Circumstances

A course cancellation caused by personal or travel-related circumstances generally does not qualify for a refund.

This includes, but is not limited to:

• Change of travel plans
• Change of mind
• Flight cancellation
• Flight delay
• Missed flight
• Missed ferry or boat
• Accommodation changes
• Personal schedule changes
• Failure to arrive
• Choosing not to continue the course
• Personal circumstances
• Other reasons unrelated to a qualifying cancellation event

Where course resources have already been purchased or allocated, the associated costs may not be recoverable.

10. Weather, Sea Conditions & Operational Changes

Scuba diving is dependent on weather, sea and marine conditions.

The safety of our customers, instructors, dive masters and crew is our highest priority.

MBI Dive Center may postpone, modify, cancel or change a dive, dive site, course activity, boat schedule or itinerary where reasonably necessary because of:

• Typhoon
• Severe weather
• Strong winds
• Rough seas
• Unsafe marine conditions
• Poor visibility
• Government restrictions
• Safety concerns
• Other circumstances affecting safe operation

Where an activity cannot safely proceed, MBI Dive Center will determine the appropriate operational solution, which may include rescheduling or, where applicable, a refund under these Terms & Conditions.

The decision of MBI Dive Center's qualified diving professionals regarding safety shall take priority over a customer's preferred dive site or schedule.

11. Marine Life & Sightings

Marine life is wild and unpredictable.

MBI Dive Center does not guarantee encounters with any particular marine animal or species.

This includes, but is not limited to:

• Thresher sharks
• Tiger sharks
• Rays
• Turtles
• Seahorses
• Mandarin fish
• Other marine animals

A failure to encounter a particular marine animal or species does not constitute failure to provide the booked diving service and does not qualify for a refund by itself.

12. Diving Certification & Experience

Customers participating in recreational diving must meet the applicable certification and experience requirements for the dive being booked.

Students enrolling in diving courses must satisfy the prerequisites applicable to the selected course.

MBI Dive Center may request proof of certification, experience or other information before allowing participation in a dive or course.

Customers are responsible for accurately disclosing information relevant to their ability to participate safely.

13. Medical & Fitness Requirements

Customers are responsible for ensuring that they are medically and physically fit to participate in scuba diving activities.

Customers must honestly complete any required medical or diving declarations and disclose relevant information that may affect their ability to safely participate.

MBI Dive Center may require a customer to obtain appropriate medical clearance before participating in diving activities where reasonably necessary for safety.

14. Safety Requirements

All customers must follow the safety instructions and directions provided by MBI Dive Center instructors, dive masters, boat crew and other authorized personnel.

Customers may be refused or removed from an activity if they:

• Fail to follow safety instructions
• Are intoxicated or impaired
• Act in a manner that creates a safety risk
• Fail to meet applicable certification requirements
• Fail to comply with course requirements
• Provide materially inaccurate information
• Otherwise create a reasonable safety concern

Where a customer is unable to participate because of their own actions, failure to comply with requirements or personal circumstances, the booking generally remains subject to the non-refundable provisions of these Terms & Conditions.

15. Dive Equipment

Where equipment rental is included in a booking, MBI Dive Center will provide the equipment applicable to the booked activity.

Customers must use all equipment responsibly and according to instructions.

Customers may be responsible for loss or damage resulting from intentional misuse, negligence or failure to follow instructions.

16. Diving Courses

Diving courses may involve instructor scheduling, eLearning materials, training resources, equipment, boats and other resources being reserved or purchased specifically for the student.

Once course resources have been purchased, activated, issued or allocated to the student, applicable costs may be non-refundable in accordance with these Terms & Conditions.

Successful completion and certification are subject to the applicable requirements of the relevant diving certification organization and course.

17. Marine Fees, Taxes & Other Charges

Some diving activities may include:

• Marine fees
• Sanctuary fees
• Environmental fees
• Fuel surcharges
• Government charges
• Equipment rental
• Instructor or dive guide fees
• Other applicable third-party charges

Where such charges have already been paid or incurred, they may be non-refundable where permitted by applicable law.

18. Customer Arrival & Assembly Time

Customers must arrive at the specified assembly point at the time communicated by MBI Dive Center.

Customers are responsible for allowing sufficient time for:

• Travel
• Ferry or boat transfers
• Check-in
• Equipment preparation
• Briefings
• Other required procedures

Failure to arrive on time may result in the customer missing part or all of the booked activity.

Such circumstances generally do not qualify for a refund.

19. Booking Changes

Requests to change a booking should be submitted to MBI Dive Center as early as possible.

Changes are subject to availability and cannot always be guaranteed because dive guides, instructors, boats, equipment and other operational resources may already have been reserved.

A booking change does not automatically create a right to a refund.

20. Refund Request Procedure

Where a refund may apply under these Terms & Conditions, customers must contact MBI Dive Center.

Email:
malapascuambidivecenter@gmail.com

Phone / WhatsApp:
+63 917 514 2189

Refund requests should include:

• Full name
• Booking reference
• Booking date
• Service or course booked
• Payment information sufficient to identify the transaction
• Reason for the refund request
• Supporting documentation, where applicable

Where a refund is approved, MBI Dive Center will generally process it through the original payment method where reasonably possible.

Refund processing times may depend on the payment provider, bank or financial institution.

Refund Processing Fees for Online Payments

Where a refund is approved for a payment made through an online payment method, the refundable amount may be reduced by any applicable payment processing, transaction, convenience, or other payment-related fees that were charged in connection with the original transaction.

For payments processed through PayMongo, any applicable payment processing or transaction fees are charges imposed by PayMongo or the relevant payment network/payment provider. These fees are not fees charged by, retained by, or earned by MBI Dive Center.

Because payment processing fees may vary depending on the payment method used, the applicable amount deducted from a refund may vary from transaction to transaction. Where applicable, only the amount actually refundable after such third-party payment processing costs will be returned to the customer.

For example, if a customer makes an online payment of PHP 20,000 and PHP 1000 was charged as a payment processing fee by the payment provider, an approved refund may be PHP 19,000, subject to the applicable refund terms and any other non-refundable costs stated in these Terms & Conditions.

MBI Dive Center does not profit from or retain these payment processing or convenience fees. Such fees are charged and retained by the applicable third-party payment service provider or payment network.

By completing an online payment, the customer acknowledges and agrees that, where permitted by applicable law, applicable third-party payment processing fees may not be recoverable as part of a refund.

21. Customer Service & Complaints

If you have a question, concern or complaint regarding your booking or service, please contact MBI Dive Center directly.

MBI Dive Center
Malapascua Budget Inn Resort OPC

Location:
Malapascua Island, Barangay Logon
Daanbantayan, Cebu 6013
Philippines

Phone / WhatsApp:
+63 917 514 2189

Email:
malapascuambidivecenter@gmail.com

We encourage customers to contact us before initiating a payment dispute or chargeback so that we have an opportunity to investigate and resolve the matter.

22. Dispute Resolution

If a customer has a dispute regarding a booking, payment or service, the customer should first contact MBI Dive Center and provide the relevant booking and transaction information.

MBI Dive Center will review the matter based on available booking records, payment records, communications and applicable policies.

Where appropriate, MBI Dive Center may offer a resolution such as:

• Clarification
• Correction of an error
• Rescheduling
• Partial refund
• Full refund where applicable
• Other reasonable remedy

If a dispute cannot be resolved directly, either party may pursue any remedies available under applicable laws and regulations of the Republic of the Philippines, including appropriate governmental, regulatory, mediation, arbitration or judicial processes where applicable.

Nothing in these Terms & Conditions prevents a customer from exercising a right or remedy that cannot legally be excluded.

23. Third-Party Payment Providers

Payments may be processed through third-party payment providers.

MBI Dive Center may not have access to complete payment-card information processed by such providers.

Customers may also be subject to the terms, conditions and privacy policies of the applicable payment provider.

24. Privacy

Personal information collected through the website, booking process or customer communications will be handled in accordance with the MBI Dive Center Privacy Policy.

Our Privacy Policy explains how we collect, use, store and protect personal information.

25. Website Information

We make reasonable efforts to ensure that information published on our website is accurate and current.

However, prices, availability, schedules, dive sites, inclusions and services may change from time to time.

MBI Dive Center reserves the right to correct errors and update information where necessary.

26. Changes to These Terms

MBI Dive Center may update these Terms & Conditions from time to time.

The latest version will be published on this website.

Customers should review the Terms & Conditions before making a new booking.

27. Applicable Law

These Terms & Conditions are governed by the applicable laws of the Republic of the Philippines.

Nothing in these Terms & Conditions is intended to waive, remove or restrict any consumer right, remedy or protection that cannot legally be excluded under applicable Philippine law.

28. Acceptance of Terms

By using this website, submitting a booking or making a payment for any MBI Dive Center service, you confirm that you have read, understood and agreed to these Terms & Conditions.

If you do not agree with these Terms & Conditions, please do not proceed with a booking or payment.

MBI Dive Center
Operated by Malapascua Budget Inn Resort OPC

Malapascua Island, Barangay Logon, Daanbantayan, Cebu 6013, Philippines

Phone / WhatsApp: +63 917 514 2189
Email: malapascuambidivecenter@gmail.com

Business Registration No.: 4134845
BIR TIN: 646-104-340-0000