Legal

Terms and Conditions

Dive Dame Pvt Ltd trading as Ataraxis Grand & SpaEffective Date: October 2026 · Last Updated: October 2026

1. Who We Are

  • Company Name: Dive Dame Pvt Ltd (trading as “Ataraxis Grand & Spa”)
  • Registration / License: Republic of Maldives C01282020 | Ministry of Tourism Guesthouse License No. 88-QARS/GH/2021/267
  • Registered Office: Kokkiri, Fuvahmulah, Gnaviyani Atoll, Republic of Maldives
  • Legal Inquiries: [email protected]

2. Contract Formation & Booking Process

2.1 Inquiries: Submitting an online reservation inquiry or email does not constitute a confirmed booking or guarantee room or activity availability.

2.2 Binding Agreement: A binding contract is formed only when:

  1. We issue an official written Proforma Invoice or Booking Offer;
  2. You remit the designated advance deposit (or full balance if booking close to arrival); and
  3. We issue an official written Booking Confirmation Voucher.

2.3 Guest Manifest: To secure domestic flights, ferry manifests, and room allocations, you must provide full legal names (matching passport records), passport numbers, nationalities, dates of birth, and international flight connection details for all travelling guests at the time of reservation.

3. Rates, Taxes, and Payment Terms

3.1 Statutory Maldivian Levies, Taxes, and Green Tax Policy

All rates are quoted in United States Dollars (USD) unless explicitly stated otherwise. Unless designated as “All-Inclusive of Taxes” on your written Booking Confirmation Voucher, all room nights, packages, dining, and activity rates are subject to mandatory Maldivian statutory levies:

  • Tourism Goods and Services Tax (TGST): Levied at the prevailing statutory rate under the Maldives Goods and Services Tax Act (Law No. 10/2011, as amended) on all taxable tourism goods and services.
  • Mandatory Hospitality Service Charge: Charged at 10% in accordance with Section 52 of the Maldives Employment Act (Law No. 2/2008, as amended), distributed directly to operating staff.
  • Maldives Government Green Tax (GRT): Imposed pursuant to Section 35 of the Maldives Tourism Act (Law No. 2/99, as amended by Act No. 21/2024) and the Green Tax Regulation (Regulation No. 2015/R-181, as amended). The following statutory rules govern its assessment:
    1. Applicable Rate: For tourist guesthouses and boutique hotels located on inhabited islands with 50 or fewer registered rooms, Green Tax is levied at the statutory rate of USD 6.00 per person, per taxable day of stay (calculated on a 24-hour block under MIRA guidelines).
    2. Liable Guests: Green Tax applies to all foreign tourists residing at Ataraxis Grand & Spa on a tourist visa.
    3. Statutory Exemptions: Green Tax shall not be charged to:
      • Maldivian Citizens: Maldivian nationals residing in the Maldives or abroad;
      • Resident Permit Holders: Foreign nationals holding a valid resident permit or visa issued under the Maldives Immigration Act other than a tourist visa (including Work Visas, Dependent Visas, Business Visas, Student Visas, or Diplomatic Visas);
      • Infants Under Two (2) Years: Children who have not yet reached two (2) years of age on their official date of check-in.
    4. Mandatory Verification & Documentation: To claim a statutory exemption from Green Tax, eligible guests must present valid supporting identification to front-desk staff prior to or upon check-in:
      • Maldivian citizens must present a valid Maldivian National Identity Card or Maldivian Passport;
      • Resident permit holders must present their valid passport accompanied by their active Maldivian Resident/Work Visa endorsement;
      • Guardians of infants must present the child’s valid passport or birth record verifying age.
    5. Failure to Provide Proof: If a guest claiming exemption fails or refuses to furnish the required statutory documentation for MIRA audit records, Ataraxis Grand & Spa is legally obligated to assess, collect, and remit the Green Tax at the standard tourist rate of USD 6.00 per person per day of stay.
  • Statutory Adjustments: If the Maldivian Parliament, Ministry of Tourism, or Maldives Inland Revenue Authority (MIRA) enacts adjustments to TGST, Service Charge, or Green Tax rates following the issuance of your booking confirmation but prior to or during your stay, the adjusted statutory amounts will be applied to your final guest folio.

3.2 Payment Methods: We do not process credit cards directly on our website. Payments must be remitted via our secure bank payment link (Bank of Maldives portal) or via international SWIFT telegraphic bank transfer.

3.3 Transfer Charges & Deductions: For SWIFT telegraphic transfers, all payer, intermediary, and correspondent bank fees are payable by the Guest. The net amount received in our bank account must equal the invoiced total. Any shortfall caused by banking deductions will be charged to your room folio upon arrival.

3.4 Payment Milestones & Seasonality:

  • Advance Deposit: An advance deposit of the total booking value is required to confirm your reservation:
    • Standard Season (May 1 – October 31): 25% deposit.
    • Peak Season (November 1 – April 30): 35% deposit.
  • Final Balance Due Date: The remaining balance must be received by us no later than 60 days prior to your scheduled arrival date.
  • Bookings Made Within 60 Days / 14 Days:
    • For reservations confirmed between 59 and 15 days prior to arrival, full payment is due immediately upon receipt of the invoice.
    • Bookings made within 14 days of arrival strictly require full prepayment (100%) prior to the issuance of flight tickets or booking vouchers.
  • Default on Payment: Failure to settle the outstanding balance by the designated due date constitutes a material breach, and we reserve the right to cancel the reservation and apply the cancellation charges set out in Section 5.1.

4. Package Inclusions & Wildlife Disclaimers

4.1 Inclusions: Your Booking Confirmation Voucher explicitly details your package inclusions (such as accommodation, meal plans, airport meet-and-greet, domestic transfers, guided dives, or surf trips). Any service, rental gear, or excursion not itemised is excluded and charged separately.

4.2 Marine Life & Natural Conditions: Fuvahmulah is globally renowned for resident tiger sharks, thresher sharks, oceanic mantas, and pelagic life. These animals and ocean conditions are wild and unpredictable. We do not and cannot guarantee sightings of any specific marine species, water visibility, or wave conditions. No refunds, discounts, or compensatory claims will be granted based on wildlife behaviour, animal presence, or prevailing weather.

5. Cancellations, Amendments, and Refunds

5.1 Cancellation by Guest: All cancellation requests must be delivered in writing via email to [email protected]. The cancellation takes effect on the date the written notice is acknowledged by our team. Cancellation charges are calculated based on the total booking value as follows:

Timeline of Written Cancellation NoticeCancellation Fee / Refund Policy
60 days or more before scheduled arrivalFree Cancellation. Full refund of advance deposits paid, less any non-recoverable domestic flight tickets already issued and applicable bank/transfer processing fees.
Between 59 and 15 days before arrival50% cancellation fee of the total booking value.
14 days or fewer before arrival (or No-Show)100% cancellation fee (non-refundable; no partial credits or refunds).

5.2 Domestic Flight & Transfer Tickets (Strictly Non-Refundable): Regardless of the cancellation date or notice period (including cancellations submitted 60 or more days prior to arrival), domestic flight tickets are strictly non-refundable and non-transferable once issued by the airline. The ticket cost cannot be credited or refunded under any circumstances.

5.3 Early Departures & Unused Inclusions: No refunds, credits, or rate deductions will be provided for early check-outs, missed meals, or unperformed dive, surf, or transfer sessions resulting from personal choices, flight delays, sickness, seasickness, or ear barotrauma.

5.4 Amendments: Change of travel dates or guest names is subject to room availability, seasonal rate differences, and carrier amendment penalties.

6. Domestic Air & Ferry Transfers

6.1 Third-Party Operators: Transfers between Malé (Velana International Airport) and Fuvahmulah are operated via domestic scheduled flights or the Raajje Transport Link (RTL) passenger ferry network. Dive Dame Pvt Ltd acts solely as a booking agent for these licensed transport providers.

6.2 Delays & Missed Connections: We are not liable for transfer delays, schedule changes, or cancellations resulting from weather, mechanical faults, or air traffic control, nor for any resulting missed international flights or additional accommodation costs in Malé.

6.3 Luggage Restrictions: Domestic flights strictly enforce passenger luggage limits (typically 20 kg checked luggage + 5 kg carry-on per ticket). Any excess baggage fees assessed by the airline are the sole responsibility of the passenger. Carriers reserve the right to carry excess luggage on subsequent flights subject to aircraft payload limits.

7. Scuba Diving, Surfing & Inherent Risk

7.1 Assumption of Risk: Scuba diving (including deep pelagic and tiger shark encounters), boat travel, and surfing carry inherent hazards that cannot be eliminated, including decompression illness, marine-life interactions, drowning, barotrauma, equipment failure, and sudden oceanic currents. You voluntarily assume all such risks.

7.2 Diver Prerequisites & Medical Screening:

  • Divers must present recognised certification credentials (PADI, SSI, etc.) and logged dive experience upon arrival.
  • Divers must complete the standard PADI/RSTC Medical Statement. If any medical contraindications exist, a written physician clearance signed within the past 12 months is mandatory prior to water entry.
  • Our dive professionals retain absolute authority to require a check-dive or restrict deep/pelagic dives if a guest demonstrates inadequate buoyancy or safety awareness.

7.3 Guide Authority & Ocean Conduct: You must strictly obey all briefings and instructions given by dive guides, surf instructors, and boat captains. Harassing, touching, feeding, or riding marine life is strictly forbidden. Disregarding safety instructions will result in immediate exclusion from water activities without refund.

7.4 Mandatory Activity Insurance: All guests participating in scuba diving or surfing must hold valid, comprehensive insurance (e.g., DAN, DiveAssure) covering emergency medical treatment, hyperbaric decompression chamber facilities, and international emergency medical evacuation.

8. Island Culture, Local Laws, and House Rules

Fuvahmulah is an inhabited local island governed by Maldivian statutory law and cultural traditions.

8.1 Strict Alcohol & Pork Prohibition: Under Maldivian law, importing, possessing, selling, and consuming alcohol and pork on inhabited local islands is strictly prohibited. Guests must not bring alcohol onto the island or the guesthouse premises.

8.2 Public Modesty & Dress Code: Modest dress (covering shoulders and knees) is required by law and local custom when walking through streets, markets, and public areas.

8.3 Illegal Substances: The Republic of Maldives enforces zero tolerance for narcotics and illegal drugs, carrying severe criminal penalties.

8.4 Guest Indemnity for Legal Violations: Any administrative fines, legal costs, or penalties imposed upon Dive Dame Pvt Ltd due to a Guest’s breach of Maldivian laws or public modesty rules shall be fully reimbursed and indemnified by the Guest.

8.5 House Conduct & Damage: Standard check-in is from 14:00 and check-out is by 12:00. Guests are financially liable for any damage to rooms, guesthouse facilities, or rented sports equipment (including dive gear, surfboards, and motorbikes) beyond standard wear and tear.

9. UNESCO Biosphere Reserve & Eco Code

Fuvahmulah is a designated UNESCO Biosphere Reserve. All guests agree to practice sustainable travel:

  • Never step on, kick, or break living coral formations;
  • Never remove shells, corals, or marine specimens from the island or reefs;
  • Maintain zero-litter practices and avoid single-use plastics across beaches, dive sites, and freshwater wetlands (kilhi).

10. Force Majeure & Activity Cancellations

10.1 Force Majeure: We are not liable for failure or delay in performing our obligations where caused by circumstances beyond our reasonable control, including severe weather, oceanic harbour closures, natural disasters, epidemics, civil unrest, or airport shutdowns.

10.2 Weather-Mandated Excursion Cancellations: If maritime authorities, harbour masters, or boat captains cancel a boat dive or surf session due to safety concerns, we will attempt to reschedule the excursion. No cash refunds or consequential damages are payable for safety-related weather cancellations.

11. Third-Party Outlets & Affiliated Venues

Dining or services consumed at affiliated outlets—including The Spot (ground-floor restaurant) and Thresher Cafe’ & Bistro—are provided under their respective business terms. Unless meals are bundled into your confirmed booking package, billing for individual orders is settled directly with the respective venue.

12. Limitation of Liability

12.1 Standard of Care: We provide accommodation, transfers, and arrangements with reasonable professional skill and care.

12.2 Exclusions: To the fullest extent permitted by Maldivian law, Dive Dame Pvt Ltd is not liable for:

  • Loss, theft, or damage to personal valuables, money, jewellery, dive computers, underwater camera rigs, surfboards, or luggage;
  • Indirect, special, or consequential damages, loss of enjoyment, or missed international flight connections;
  • Acts, defaults, or omissions of independent third-party airlines or transport providers.

12.3 Aggregate Financial Cap: To the maximum extent permitted by applicable law, our total aggregate liability for any and all claims, disputes, or losses arising out of or related to your booking or stay shall be strictly limited to the total amount actually paid by you to Dive Dame Pvt Ltd for the affected booking.

12.4 Non-Excludable Rights: Nothing in these Terms limits liability for death or personal injury caused by our proven gross negligence or willful misconduct, or any statutory liability that cannot be excluded under the Maldives Consumer Protection Act (Law No. 12/2020).

13. Complaints Procedure

If you encounter an issue or dissatisfaction during your stay, you must report it immediately to the on-site General Manager to provide an opportunity to resolve it. If the matter remains unresolved upon check-out, formal written notice must be submitted to [email protected] within 28 days of departure.

14. Governing Law and Exclusive Jurisdiction

14.1 Governing Law: These Terms, all contracts formed hereunder, and any non-contractual claims arising out of or in connection with them shall be governed by and construed in accordance with the laws of the Republic of Maldives.

14.2 Exclusive Jurisdiction: The courts of the Republic of Maldives shall have exclusive jurisdiction to settle any dispute, controversy, or claim arising out of or in connection with your booking, stay, or these Terms.

15. Severability

If any provision of these Terms is determined by a court of competent jurisdiction to be invalid, illegal, or unenforceable, that provision shall be modified to the minimum extent necessary to make it valid and enforceable, or severed if modification is not possible. The validity and enforceability of the remaining provisions shall remain in full force and effect.

16. Contact Information

Dive Dame Pvt Ltd
Trading as Ataraxis Grand & Spa
Kokkiri, Fuvahmulah, Gnaviyani Atoll, Republic of Maldives
Email: [email protected]
Website: https://ataraxisgrandandspa.com

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