These Terms and Conditions ("Terms") govern your access to and use of the DivingBuddy.com platform (the "Platform"), operated by [COMPANY_LEGAL_NAME_PLACEHOLDER], a company registered under the laws of the Republic of Bulgaria, UIC: [REGISTRATION_NUMBER_PLACEHOLDER], with registered office at [REGISTERED_ADDRESS_PLACEHOLDER] ("we," "us," or "DivingBuddy").
By accessing or using the Platform, you agree to be bound by these Terms. If you do not agree, you must not use the Platform.
These Terms apply to all users, including:
• Divers — individuals who browse, book, and pay for diving trips
• Agents — diving travel agents who create and manage listings
Agents are additionally subject to the Agent Terms of Service (/legal/agent-terms), which supplement these Terms.
Marketplace Role:
DivingBuddy operates as a technology marketplace platform. We are an intermediary that connects Divers with Agents. We are not a travel agency, tour operator, dive operator, or provider of diving services.
Important: The contract for any diving trip, liveaboard experience, or related service is formed directly between the Diver and the Agent. DivingBuddy is not a party to that contract and does not provide, organize, or assume responsibility for any diving activities, transport, accommodation, or related services listed on the Platform.
AI-Powered Features:
The Platform uses artificial intelligence to enhance user experience, including search result relevance and personalization, listing optimization suggestions for Agents, content categorization and tagging, and pricing analytics and market insights.
AI-generated content, suggestions, and recommendations are provided for informational purposes only. They do not constitute professional advice, and DivingBuddy does not guarantee the accuracy, completeness, or suitability of AI-generated outputs. Agents are solely responsible for verifying and approving all content published on their listings.
Eligibility:
To use the Platform, you must:
• Be at least 18 years of age (or 16 with parental consent for browsing only; booking requires age 18+)
• Provide accurate, current, and complete registration information
• Maintain the security of your account credentials
• Promptly update any changes to your information
Account Security:
You are responsible for all activity that occurs under your account. You must immediately notify us at [SUPPORT_EMAIL_PLACEHOLDER] if you suspect unauthorized access to your account. We are not liable for any loss or damage arising from unauthorized use of your account where you have failed to maintain the security of your credentials.
Account Termination:
We may suspend or terminate your account if you violate these Terms, provide false or misleading information, engage in fraudulent or harmful behavior, your account is inactive for more than 24 consecutive months, or you fail to pay amounts owed to DivingBuddy. Upon termination, your right to use the Platform ceases immediately.
Agent Obligations:
Agents represent and warrant that all listing information is accurate, current, and not misleading; they hold all necessary licenses, permits, certifications, and insurance; their services comply with all applicable laws and safety standards; they will honor confirmed bookings; pricing includes all mandatory fees; and photos and descriptions accurately represent the experience offered.
Diver Obligations:
Divers represent and warrant that they meet the physical fitness and certification requirements for booked trips; they will provide accurate information during booking; they accept the specific terms of the Agent's listing; and they will behave responsibly and follow all safety instructions.
Booking Process:
When a Diver completes a booking through the Platform: a binding contract is formed between the Diver and the Agent; DivingBuddy facilitates payment processing on behalf of the Agent; DivingBuddy sends booking confirmation to both parties; and the Agent is responsible for delivering the booked service. DivingBuddy does not guarantee the availability, quality, safety, or legality of any listed service.
Payment Processing:
All payments are processed through Stripe, a PCI DSS Level 1 certified payment processor. By making a payment, you agree to Stripe's terms of service.
Pricing:
All prices on the Platform are displayed in the currency indicated on the listing. Prices include applicable taxes unless otherwise stated. Agents are responsible for ensuring pricing accuracy.
Platform Fees:
DivingBuddy charges a service fee on each booking, which is disclosed to both parties before the transaction is completed. Fee amounts are displayed clearly during checkout before payment is confirmed.
Refunds:
Refunds are governed by the Cancellation and Refund Policy (/legal/cancellation) and the specific cancellation terms of each Agent's listing. DivingBuddy processes refunds through the original payment method. Refund processing times depend on the payment provider and may take up to 14 business days.
Platform Content:
All content on the Platform that is created by DivingBuddy — including text, graphics, logos, icons, images, software, and the compilation thereof — is the property of [COMPANY_LEGAL_NAME_PLACEHOLDER] or its licensors and is protected by copyright, trademark, and other intellectual property laws.
User Content:
By uploading content to the Platform (listings, photos, descriptions, reviews), you retain ownership of your content; grant DivingBuddy a worldwide, non-exclusive, royalty-free, sublicensable license to use, reproduce, modify, distribute, and display your content for operating and promoting the Platform; and represent and warrant that you own or have the necessary rights to the content.
AI-Generated Content:
Content generated or modified by AI features on the Platform is provided as a starting point. Agents are responsible for reviewing, editing, and approving all AI-generated content before publication. DivingBuddy does not claim ownership of AI-generated content used in Agent listings.
You agree not to:
• Use the Platform for any unlawful purpose
• Post false, misleading, or fraudulent content
• Impersonate any person or entity
• Interfere with or disrupt the Platform's infrastructure
• Attempt to gain unauthorized access to any part of the Platform
• Scrape, crawl, or use automated means to access the Platform without our written permission
• Circumvent any security or access control measures
• Use the Platform to send spam, unsolicited messages, or advertising
• Upload malicious software, viruses, or harmful code
• Engage in price manipulation, fake reviews, or deceptive practices
• Discriminate against any person based on race, gender, religion, nationality, disability, sexual orientation, or age
To the maximum extent permitted by applicable law:
• DivingBuddy is not liable for any direct, indirect, incidental, special, consequential, or punitive damages arising from your use of the Platform
• DivingBuddy is not liable for the acts, omissions, or negligence of Agents or any third party
• DivingBuddy is not liable for personal injury, property damage, or death resulting from diving activities booked through the Platform
• Our total aggregate liability for any claim shall not exceed the total service fees paid by you to DivingBuddy in the 12 months preceding the claim
The Platform is provided "as is" and "as available." We do not warrant that the Platform will be uninterrupted, error-free, or secure; that listings are accurate, complete, or current; or that AI-generated content is accurate or suitable for any particular purpose.
Nothing in these Terms limits or excludes liability that cannot be limited or excluded under applicable EU or Bulgarian consumer protection law, including liability for death or personal injury caused by negligence, liability for fraud, and any other liability that cannot be excluded by law.
Between Divers and Agents:
Disputes regarding booked services should first be resolved directly between the parties. If direct resolution fails, either party may request DivingBuddy's assistance as a mediator. DivingBuddy's mediation is non-binding.
Between Users and DivingBuddy:
1. Informal resolution — Contact us at [SUPPORT_EMAIL_PLACEHOLDER]. We will attempt to resolve the matter within 30 days.
2. EU Online Dispute Resolution — Consumers in the EU may use the European Commission's Online Dispute Resolution platform at https://ec.europa.eu/consumers/odr
3. Mediation — If informal resolution fails, disputes may be submitted to mediation through the Bulgarian Chamber of Commerce and Industry.
4. Jurisdiction — If mediation fails, disputes shall be resolved by the competent courts of [CITY_PLACEHOLDER], Bulgaria.
These Terms are governed by and construed in accordance with the laws of the Republic of Bulgaria, without regard to its conflict of law principles. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded.
EU consumer protection regulations, including Directive 2011/83/EU (Consumer Rights Directive) and Directive 2015/2302 (Package Travel Directive), apply to the extent that DivingBuddy is subject to them.
Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions continue in full force and effect.
Entire Agreement: These Terms, together with the Privacy Policy, Cookie Policy, Cancellation Policy, and (for Agents) the Agent Terms of Service, constitute the entire agreement between you and DivingBuddy regarding the Platform.
For questions about these Terms:
Email: [LEGAL_EMAIL_PLACEHOLDER]
Post: [COMPANY_LEGAL_NAME_PLACEHOLDER], [REGISTERED_ADDRESS_PLACEHOLDER]
We may modify these Terms at any time. We will notify you of material changes by posting a notice on the Platform at least 30 days before changes take effect and sending an email notification to registered users. If you do not agree with the modified Terms, you must stop using the Platform and may close your account.