PUBLIC OFFER AGREEMENT
for the provision of services for conducting a freediving training course “Journey to Free Dolphins”
Personal Best, represented by Pete Botman, a citizen of the Kingdom of the Netherlands, Freediving Instructor, Molchanovs System Certificate No. 16803, AIDA No. 6119, hereinafter referred to as the “Provider”, on the one part,
offers the client — an individual, hereinafter referred to as the “Client”, who wishes to take the freediving training course “Journey to Free Dolphins” together with the Provider,
to enter into this public offer agreement for the provision of services for conducting the freediving training course “Journey to Free Dolphins”.
This form of agreement does not require signing. The Client accepts the terms of the offer, the Privacy Policy, and confirms their decision to take the training course by submitting an Application to the Provider, which constitutes acceptance of this offer.
Terms and Definitions Client — a legally capable individual who has reached the age of 18, having the legal right to enter into contractual relations with the Provider, who has accepted the offer and is therefore a party to the Agreement.
Public Offer (hereinafter — the Offer, the Agreement) — a proposal containing all essential terms of the agreement, from which the will of the person making the proposal to conclude the agreement on the terms specified therein with anyone who accepts it is evident.
Acceptance of the Offer — the response of the person to whom the offer is addressed indicating its acceptance. The performance by the person who received the offer, within the period established for its acceptance, of actions to fulfil the conditions specified therein, such as payment or submission of an application for participation in the course, constitutes acceptance.
Website (Site) — a publicly accessible resource on the Internet at: https://freedivingdolphins.com/, through which information about the conditions for the provision of the services described in the Agreement is displayed.
Agreement — the accepted Offer between the Client and the Provider for the provision of services for conducting the freediving training course “Journey to Free Dolphins”.
Application — a form of communication between the Client and the Provider through the Provider’s website, in which the Client expresses their wish to participate in the training course listed on the Provider’s Site.
Cost of Services — the current schedule of fees for the Provider’s services, depending on the course as listed on the Site.
Freediving Instructor — a freediver who has undergone relevant specialised training, successfully passed all examinations and standards included in the training programme, holds active instructor status, and possesses significant practical knowledge in safe travel and psychological comfort.
1. Subject of the Agreement1.1. The Provider renders services to the Client by organising and conducting the freediving training course “Journey to Free Dolphins” in accordance with the international standards of the Molchanovs system, the Application submitted by the Client upon registration for the course, and in the scope specified in Appendix 2 to this Agreement.
The course takes place in: Egypt.
The Client undertakes to participate in all events and sessions of the freediving training course, to accept the services rendered, and to pay for them in full. The Provider renders services exclusively for training.
1.2. The Provider, on the basis of the Client’s instruction, may organise and carry out on behalf of and at the expense of the Client the search for persons and payment for ancillary services specified in the Client’s Application and/or in Appendix 1 to this Agreement. When ancillary services are rendered, rights and obligations arise between the providers of the ancillary services and the Client. Ancillary services not related to training are paid for by the Client independently.
1.3. This agreement is a public offer. Unconditional acceptance (accession) of the terms of this Agreement is the submission of the Application by the Client upon registration for the training course. Acceptance of the offer is equivalent to concluding the Agreement on the terms set out in the offer. The terms of the Agreement may be accepted by the Client only by accession to them in their entirety.
1.4. To use the Provider’s services, the Client must select the service of interest (details on the Provider’s website at https://freedivingdolphins.com/), review the conditions, complete the Application, and receive the Provider’s confirmation.
1.5. The period of service provision selected by the Client under this Agreement shall be determined individually with each Client on the basis of the Application submitted.
1.6. By accepting the terms set out in this offer, the individual becomes the Client (acceptance of the Offer is equivalent to concluding the agreement on the terms set out in the offer, without mandatory written signing by the parties).
1.7. By accepting this offer, the Client confirms their legal capacity, that they have reached the age of 18, and their legal right to enter into contractual relations with the Provider.
2. Rights and Obligations of the Parties2.1. The Provider shall:• Organise and ensure proper performance of the services provided for in Section 1 of this Agreement.
• Render services in accordance with the schedule of events and sessions of the training course developed by the Provider.
• Conduct events and sessions of the training course in the field of freediving for the Client.
• Show respect for the Client’s person during the provision of services.
• Notify the Client of the inadvisability of the Client’s participation in the events and sessions of the freediving training course provided for in Section 1 of this Agreement, due to the Client’s individual characteristics making participation impossible or inadvisable.
• Notify the Client in advance of any changes to the course schedule (no later than 7 days before the start).
2.2. The Client shall:• Pay for the services specified in clause 1.1 of this Agreement in a timely manner.
• Attend events and sessions of the course conducted by the Provider in strict compliance with the schedule agreed by the Parties.
• Provide the Provider, upon first request, with relevant medical certificates confirming the Client’s fitness to participate in the events and sessions conducted by the Provider.
• Provide the Provider with a sports insurance policy covering freediving, valid for the duration of the course.
• Immediately inform the Provider of any changes to contact details (telephone, place of residence).
• Provide the Provider with written consent for the processing of personal data.
• Observe the rules of conduct during sessions and events of the course, and the Privacy Policy established by the Provider.
• Show respect to all personnel of the Provider.
• Compensate in full, upon first demand, any damage caused to the property of the Provider and third parties engaged by the Provider for the provision of services under this Agreement.
• Pay for any agreed additional services rendered by the Provider within the framework of the course, if necessary.
• Refrain from participating in freediving events and sessions if any signs of illness restricting participation appear.
• Complete assignments and additional tests set by the Provider.
• Observe sanitary and hygienic standards, fire safety rules, and water safety instructions.
• Take care of the Provider’s property.
2.3. The Provider is entitled to:• Adjust prices for the course services depending on inflation and in other cases and for reasons leading to increased costs of the services provided.
2.4. The Client is entitled to request information from the Provider:• On matters concerning the organisation and proper performance of services provided for in Section 1 of this Agreement;
• On the methods and times of attending events and sessions of the course.
2.5. The Client is entitled to:• Contact the Provider with any questions regarding the timing, procedure, and methods of conducting events and sessions;
• Use the Provider’s property necessary for participation during sessions, for the duration of those sessions.
3. Payment for Services and Expenses Borne by the Provider3.1. Under this Agreement, the Client pays:
• The tuition fee as indicated on the Site;
• The Client’s expenses for ancillary services rendered by third parties engaged by the Provider under the Agreement on the basis of the Client’s agency instruction.
3.2. The tuition fee is indicated on the Provider’s website at https://freedivingdolphins.com/ and includes the services listed in Appendix 2.
3.3. The Client’s expenses for ancillary services rendered by third parties engaged by the Provider under this Agreement on the basis of the Client’s agency instruction are listed on the Provider’s Site and specified by the Client in the Application. The total amount of the Client’s expenses for third-party services is approximate and depends on the conditions of the third parties rendering those services.
3.4. To secure a place on the training course, the Client must pay a Deposit consisting of:
• 50% of the tuition fee;
• 50% of the Client’s ancillary service expenses.
3.5. The Deposit for booking a place on the training course is non-refundable, with the following exceptions:
• Full refund if the booking is cancelled more than 91 days before the start of the course;
• 25% refund if the booking is cancelled between 61 and 90 days before the start of the course;
• No refund if the booking is cancelled fewer than 60 days before the start.
3.6. The Deposit to confirm the booking shall be transferred by the Client to the Provider’s bank details, provided in response to the Client’s Application, no later than 10 days after submission of the Application.
3.7. All payments by the Client to the Provider under this Agreement shall be made:
• Deposit payment: by transfer to the Provider’s bank details in Euros;
• Remaining balance: in cash to the Provider in Euros, no later than the first day of the course.
3.8. The Provider is entitled to change the fees for the services provided, notifying the Client no later than fourteen calendar days before the new fees take effect.
4. Grounds for Amendment and Termination of the Agreement4.1. The text of the Agreement may be updated by the Provider without special notification to the Client by publishing the current version of the Agreement on the Site. Information about the cost of services and payment options under the Agreement is published on the Provider’s website.
4.2. This Agreement may be terminated by mutual consent of the Parties.
4.3. The Provider is entitled to withdraw from the Agreement by notifying the Client of termination no less than 30 calendar days in advance.
4.4. The Provider is entitled to terminate this Agreement at any time without prior notice to the Client in the event of the Client’s breach of the terms of this Agreement.
4.5. This Agreement terminates upon the occurrence of force majeure circumstances affecting either Party, with the deposit refund governed by the terms of this Agreement.
5. Miscellaneous Provisions, Liability5.1. If the Client fails to attend events and sessions conducted by the Provider without valid reason, the missed events and sessions shall not be rescheduled or refunded.
5.2. Legal relations of the Parties not covered by this Agreement shall be governed by the applicable law of the country where the training course is conducted.
5.3. The Client consents to the storage, processing, and use of personal data in accordance with applicable law and the General Data Protection Regulation (EU) 2016/679 (GDPR), where applicable. The Provider processes data exclusively for the performance of the Agreement. The Client has the right to request access to, correction of, or deletion of their personal data by contacting the Provider in writing.
5.4. In the event of improper performance of obligations under the Agreement, the Parties shall bear liability in accordance with the legislation of the place where the training course is conducted.
5.5. By accepting this Agreement, the Client confirms that they are familiar with sanitary and hygienic standards, fire safety rules, water safety instructions, and the Plan and procedure for the Provider’s events and sessions.
5.6. By accepting this Agreement, the Client declares that they have no medical contraindications for attending the events and sessions of the freediving course, in accordance with the Plan and procedure developed by the Provider. The Provider shall not be liable for harm caused to the Client’s health and life as a result of inaccurate information about the Client’s health, or through the Client’s own fault. The Provider reserves the right to require from the Client a medical certificate issued by an authorised medical institution, without which the Client shall not be admitted to the course.
5.7. The Provider shall not be liable for:
5.7.1. Harm caused to the Client’s health due to the Client’s violation of sanitary and hygienic standards, fire safety rules, water safety instructions, safety rules for the use of services, and/or through the Client’s negligence, or the Client’s violation of the laws and rules of the country of stay.
5.7.2. Harm caused to the Client’s life, health, and/or property by the actions of third parties.
5.7.3. Loss of or damage to personal belongings left by the Client at the service location.
5.7.4. Harm related to deterioration of health if the Client’s health deteriorated as a result of acute illness, aggravation of an injury, or chronic disease.
5.7.5. Harm caused to the Client’s life and health resulting from independent activities not in accordance with the specially developed course programme and in locations not appropriate for the Client’s level of training.
5.7.6. The Parties shall be released from liability for partial or complete non-performance of obligations under this Agreement if such non-performance was caused by force majeure circumstances.
5.8. In the event of damage caused by the Client to the Provider’s property, the Provider (or their representative) shall draw up a report, which shall be signed by authorised representatives of both Parties. If the Client refuses to sign the report, the Provider shall sign it unilaterally in the presence of two (2) disinterested persons. The Client shall, within five (5) calendar days on the basis of such report, compensate the damage in full.
5.9. The Parties shall bear liability for non-performance or improper performance of their obligations in accordance with the legislation of the country where the training course is conducted.
5.10. The Client assumes full responsibility for all possible risks and consequences specified in clauses 5.7.1 to 5.9 of this Agreement.
5.11. The Provider shall not be liable for reductions or changes to the training programme caused by weather or other natural conditions, changes in transport schedules, changes in the physical condition of the participant(s), or other objective circumstances preventing continuation of training, including where the services provided do not meet the Client’s expectations or subjective assessment. No recalculation of the Provider’s service fees shall be made in such cases.
5.12. The Provider and the Freediving Instructor shall not be liable for the actions of other persons, including unlawful actions, and the consequences thereof (hooliganism, theft, causing death/harm to health, etc.).
5.13. The Provider shall not be liable, shall not refund funds, and shall not pay compensation in the event of adverse consequences arising from:
• Inaccurate, insufficient, and/or untimely provision by the Client of information and documents necessary for the performance of the Agreement;
• Cancellation or change of departure times of flights and trains;
• The Client’s alteration of the conditions of recommended ancillary services resulting in additional costs (changes to accommodation conditions, transfers, late arrivals, no-shows, etc.);
• Loss, misplacement, or theft of the Client’s personal luggage, valuables, and documents during the training or ancillary services provided by third parties;
• Decisions, actions (inaction) of the authorities of the country of stay or other persons;
• The Client developing illnesses or complications of existing conditions;
• Early termination or modification of the training course by the Provider or the Freediving Instructor due to force majeure or safety considerations;
• The Client’s violation of safety rules or the Freediving Instructor’s requirements, resulting in damage to the Client;
• Other cases provided by law.
5.14. In the event of the Client’s violation of established rules, commission of acts of hooliganism or other misconduct, or in the event of the Client’s breach of the terms of the Agreement — including but not limited to: appearing at the start of training under the influence of alcohol or drugs, consuming alcohol or drugs during the training period, violating the laws of the country of stay and safety rules, or other terms of the Agreement, or causing damage to the Freediving Instructor or third parties — the Provider or the Freediving Instructor shall be entitled to terminate their obligations early (refuse to perform them) without refunding the Client’s payments. In such case, the services shall be deemed not rendered through the Client’s fault, and all losses incurred shall be borne by the Client.
5.15. The Client shall compensate the Freediving Instructor and third parties for any damage/harm caused by the Client, including damage related to the destruction of equipment or other property of the Freediving Instructor or the Provider, and damage resulting from the Client’s violation of the laws of the country of stay (including compensation for any fines paid by the Freediving Instructor or other persons due to the Client’s offences).
5.16. In the event of disagreements between the Client and the Provider, the Parties shall make every effort to resolve the dispute through negotiations and amicable settlement.
5.17. If the Client has any remarks or complaints about the services, the Client must contact the Provider to resolve the issue. If no such complaint is made during the service period, the Provider’s obligations shall be deemed properly performed without objection.
5.18. If the cause of the Client’s complaint relating to the Provider’s performance of obligations under this Agreement could not be resolved on site, the Client must submit a written complaint to the Provider within no more than 20 calendar days from the end of service provision, attaching documents supporting the claim. The complaint shall be reviewed within 14 calendar days.
5.19. All expenses related to early termination of participation in the tour, including expenses for emergency evacuation of the Client due to sudden illness, accident, or removal from participation due to identified breaches of the Agreement, shall be borne by the Client.
5.20. The Client shall be responsible for the validity and accuracy of their identity documents and other documents and data necessary for participation in the training course, as well as for the accuracy of information in the identity documents of persons indicated by the Client in the Application.
5.21. The Client understands and acknowledges that the training course chosen under this Agreement is of an extreme nature and may involve risks to life. The Client undertakes to independently insure their own life, health, and personal property and to independently bear responsibility in the event of a violation of safety rules explained by the Freediving Instructor or the Provider.
5.22. The Freediving Instructor is not a party to the Agreement but acts on behalf of and under the authority of the Provider.
5.23. By accepting the terms of this Offer, the Client confirms that in the event of questions regarding safety procedures, the Client is obliged to seek clarification from the Freediving Instructor or the Provider before the start of the training course.
6. Term of the Agreement and Other Conditions6.1. This Agreement enters into force from the date of its conclusion by the Parties and remains in effect until the end of the course events and sessions as approved in the Plan.
6.2. If one of the Parties fails to comply with the terms of this Agreement through no fault of their own, that Party shall be released from liability on general grounds. Release from liability on general grounds is possible only upon presentation to the other Party of documents having legal force confirming the Party’s innocence.
6.3. This Offer Agreement enters into force from the moment of its acceptance and subsequent confirmation by the Provider of the actual possibility of fulfilling the Application, and shall remain valid until the Provider has fulfilled its obligations to render services in full in accordance with this Agreement.
7. Force Majeure7.1. In the event of force majeure circumstances that could neither be foreseen nor prevented by reasonable actions of the Provider or the Client (strikes, natural disasters, weather conditions, military actions, government orders affecting the performance of this Agreement, epidemics, terrorist acts or threats thereof, prohibition of air transport in a given direction, and other similar circumstances affecting the performance of this Agreement), either Party shall have the right to terminate the Agreement with the consequences provided for in this Offer.
Appendix 1 to the Agreement
Ancillary services rendered by third parties engaged by the Provider under the Agreement on the basis of the Client’s agency instructionSearch for and engagement on behalf of and at the expense of the Client of providers of the following services:1. Shared bus transfer (50 seats) from hotel/airport to the yacht and back.
2. 7 nights’ accommodation on a luxury-class yacht in a double cabin.
3. Full board (3 meals a day), soft drinks and snacks throughout the day.
4. Two speedboats throughout the entire trip.
5. Guide services and yacht crew.
6. Rental of weights for diving.
7. Underwater video recording by a professional videographer during the freediving course and the “Journey to Dolphins”.
8. Individual transfer (on request).
Actions performed and paid for by the Client independently:1. Flights to Hurghada and return.
2. Rental of personal equipment.
3. Personal insurance.
4. Gratuities for the yacht crew (recommended amount: €150 for the entire week).
Appendix 2 to the Agreement
Services included in the training course:1. Freediving instruction course (2 lectures).
2. 1 open water session on diving technique and surface dives.
3. 2 buoy sessions (weather permitting).
4. 8 sessions including: yoga, meditation, and breathing practices for freediving.
5. 1 session on equalisation theory and practice for freediving.
6. Briefing on interaction with marine wildlife.