Terms & Conditions
Last updated:
October 2, 2025
1. Introduction and Acceptance
1.1. Scubalo ("Platform", "we", "us", or "our") operates the website located at scubalo.com, which enables individuals to discover dive sites and connect with dive centers and operators ("Dive Operators") globally.
1.2. By accessing, browsing, or using the Platform, you ("User", "you", or "your") acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.
1.3. If you do not agree to these Terms and Conditions, please do not use the Platform.
1.4. We reserve the right to amend these Terms and Conditions at any time by posting updated terms on the Platform. Such amendments will become effective immediately upon posting.
2. Eligibility and User Warranties
2.1. As a condition of using the Platform, you warrant that:
- You are at least 18 years of age.
- You possess the legal authority to create binding legal obligations.
- You will only use the Platform to make legitimate inquiries or bookings for yourself or authorized third parties.
- All information you provide is true, accurate, current, and complete.
3. Platform Services and Scope
3.1. Scubalo acts solely as an intermediary between Users and Dive Operators. We provide a discovery platform that enables you to browse dive sites, compare Dive Operators, and submit inquiries or booking requests directly to Dive Operators.
3.2. The Platform does not provide diving services. All diving services, including fun dives, certification courses, equipment rental, and guided tours ("Diving Services"), are provided directly by independent Dive Operators.
3.3. We do not charge Users for accessing or browsing the Platform.
3.4. Inquiries or bookings submitted through the Platform create a direct contractual relationship between you and the Dive Operator, not between you and Scubalo.
4. Dive Operator Information
4.1. Information displayed on the Platform regarding dive sites, Dive Operators, services, pricing, and availability ("Dive Operator Information") is provided by Dive Operators or sourced from publicly available information.
4.2. We make reasonable efforts to ensure information accuracy, but we do not guarantee that Dive Operator Information is reliable, accurate, complete, or free from errors.
4.3. We do not endorse any Dive Operators and make no representations regarding the quality, safety, affordability, suitability, or ability of Dive Operators to deliver Diving Services.
4.4. The order in which dive sites or Dive Operators are displayed does not constitute an endorsement. Rankings are based on objective criteria including search relevance, user reviews, and availability.
5. Bookings and Inquiries
5.1. When you submit an inquiry or booking request through the Platform, you agree to the Dive Operator's specific terms and conditions ("Dive Operator Terms"), including their pricing, cancellation policies, payment terms, and service requirements.
5.2. You are solely responsible for reading and understanding Dive Operator Terms before submitting inquiries or completing bookings.
5.3. Dive Operators are responsible for confirming availability, pricing, and booking details directly with you. Confirmation timelines vary by operator.
5.4. If booking multiple participants, the person submitting the inquiry or booking accepts responsibility for all participants, including payment obligations and compliance with Dive Operator Terms.
6. Pricing and Payment
6.1. All fees, costs, charges, taxes, and payment terms for Diving Services are determined by Dive Operators and payable directly to them unless otherwise specified.
6.2. Prices displayed on the Platform are for informational purposes and may be subject to change. Currency conversions, where provided, are estimates only. Your payment provider may apply different exchange rates and transaction fees.
6.3. Dive Operators may require deposits, credit card authorization, or full payment in advance according to their individual policies.
7. Cancellations and Refunds
7.1. Cancellation and refund policies are determined solely by Dive Operators. Different policies may apply to each booking.
7.2. You must review and understand the Dive Operator's specific cancellation policy before booking. Cancellation policies are typically available on the Dive Operator's profile page.
7.3. No-shows or failure to appear for confirmed Diving Services typically result in forfeiture of all fees paid. No refunds apply.
7.4. Scubalo is not responsible for processing refunds or mediating cancellation disputes between Users and Dive Operators.
8. Force Majeure and Service Interruptions
8.1. Dive Operators reserve the right to cancel, reschedule, or modify Diving Services due to unsafe weather conditions, acts of God, natural disasters, pandemics, government restrictions, or other circumstances beyond their control.
8.2. In such cases, refund or rescheduling options are determined by the Dive Operator's policies. Scubalo bears no responsibility for such cancellations or modifications.
8.3. Refunds, when applicable, are limited to amounts paid directly for Diving Services and do not include indirect costs such as flights, accommodations, or other travel expenses.
9. User Responsibilities and Safety
10. Reviews and User-Generated Content
10.1. The Platform may allow Users to post reviews, comments, photos, or other content ("User Content").
10.2. By posting User Content, you grant Scubalo a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, display, and distribute your content for platform operation and promotional purposes.
10.3. You represent that User Content is accurate, does not violate third-party rights, and complies with applicable laws.
10.4. We reserve the right to remove, edit, or refuse to publish User Content that we deem offensive, inaccurate, defamatory, or otherwise inappropriate.
11. Prohibited Uses
11.1. You agree not to:
- Use the Platform for any unlawful purpose.
- Make false, fraudulent, or speculative bookings.
- Copy, scrape, reproduce, or deep-link content without permission.
- Use Platform information for competitive purposes.
- Post spam, advertising, or malicious content.
- Attempt to interfere with Platform operations or security.
- Impersonate others or provide false information.
12. Intellectual Property
12.1. All content on the Platform, including text, graphics, logos, images, software, and design elements, are the exclusive property of Scubalo or its licensors and protected by copyright, trademark, and other intellectual property laws.
12.2. You may not reproduce, distribute, modify, or create derivative works without our express written permission.
13. Privacy and Data Protection
13.1. We are committed to protecting your personal information. Please review our Privacy Policy for details on how we collect, use, and safeguard your data.
13.2. By using the Platform, you consent to our data practices as described in the Privacy Policy.
13.3. You have the right to access, correct, or delete your personal information by contacting us at yves@studiopengu.com
14. Limitation of Liability
14.1. TO THE MAXIMUM EXTENT PERMITTED BY LAW, Scubalo and its directors, officers, employees, agents, and affiliates ("Representatives") shall NOT BE LIABLE for any:
- Personal injury, death, or property damage arising from Diving Services.
- Direct, indirect, incidental, consequential, or punitive damages.
- Acts, errors, omissions, negligence, or breaches by Dive Operators.
- Inaccurate, incomplete, or misleading Dive Operator Information.
- Service delays, cancellations, or unavailability.
- Website downtime, technical errors, or data loss.
- Losses resulting from force majeure events.
14.2. Your use of the Platform and Diving Services is AT YOUR OWN RISK.
15. Indemnification
15.1. You agree to indemnify, defend, and hold harmless Scubalo and its Representatives from any claims, damages, losses, liabilities, costs, or expenses (including legal fees) arising from:
- Your use of the Platform.
- Your violation of these Terms and Conditions.
- Your booking or use of Diving Services.
- Your violation of third-party rights.
16. Dispute Resolution
16.1. We are committed to resolving disputes amicably. If you have concerns, please contact us first at yves@studiopengu.com.
16.2. If disputes cannot be resolved through direct communication within 60 days, you agree to resolve disputes through binding arbitration rather than court litigation.
17. Governing Law and Jurisdiction
17.1. These Terms and Conditions shall be governed by and construed in accordance with the laws of the Netherlands.
17.2. You agree to submit to the exclusive jurisdiction of the courts located in the Netherlands for resolution of any legal matters.
18. Business Information
18.1. Scubalo is operated by Studio Pengu, a registered business (ZZP) in the Netherlands.
Legal Entity: Studio Pengu
KvK Number: 96813822
BTW Number: NL005233742B80
Country of Registration: Netherlands
19. Severability
19.1. If any provision of these Terms and Conditions is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
By using Scubalo, you acknowledge that you have read, understood, and agree to these Terms and Conditions.