PUBLIC SERVICE AGREEMENT (PUBLIC OFFER)
for the Provision of Services for the Freediving Training Course
“Freediving with Dolphins and Whale Watching in Mauritius”
Personal Best, represented by Pete Botman, a citizen of the Netherlands, Freediving Instructor (Molchanovs Certification No. 16803, AIDA No. 6119), hereinafter referred to as the “Provider”, hereby offers any individual, hereinafter referred to as the “Client”, wishing to participate in the freediving training course “Freediving with Dolphins and Whale Watching in Mauritius”, to enter into this Public Service Agreement (Offer) for the provision of training services.
This Agreement does not require signatures by the Parties. By submitting an application to the Provider, the Client confirms acceptance of this Offer and the Privacy Policy. Such submission constitutes full and unconditional acceptance of the terms of this Agreement.
Definitions
Client – an individual over 18 years of age with legal capacity to enter into contractual relationships with the Provider, who has accepted this Offer and thereby becomes a party to this Agreement.
Public Offer (Offer, Agreement) – a proposal containing all essential terms of the Agreement, expressing the Provider’s intention to conclude this Agreement with any person who accepts its terms.
Acceptance – the Client’s full and unconditional acceptance of the Offer by submitting an application or making payment in accordance with this Agreement.
Website – the publicly available website located at:
https://freemauritius.tilda.ws/trip, containing information about the services offered under this Agreement.
Agreement – this accepted Public Offer governing the provision of the freediving training course “Freediving with Dolphins and Whale Watching in Mauritius.”
Application – a request submitted by the Client via the Provider’s website expressing the intention to participate in the training course.
Course Fee – the current price of the services published on the Website.
Freediving Instructor – a certified freediver who has successfully completed professional instructor training, maintains active instructor status, and possesses substantial practical experience in safe freediving instruction and participant wellbeing in the water.

1. Subject of the Agreement
1.1. The Provider shall render services to the Client by organizing and conducting the freediving training course “Freediving with Dolphins and Whale Watching in Mauritius” in accordance with the international Molchanovs standards, the Client’s Application, and within the scope specified in Appendix No. 2 to this Agreement.
The course takes place in Mauritius.
The Client agrees to participate in all activities and training sessions included in the course, accept the services provided, and pay for them in full. The Provider renders training services only.
1.2. Upon the Client’s request, the Provider may, on behalf of and at the Client’s expense, arrange and coordinate ancillary services specified in the Application and/or Appendix No. 1. In relation to such ancillary services, all rights and obligations arise directly between the Client and the respective third-party service providers. Ancillary services not related to the training course shall be paid for directly by the Client.
1.3. This document constitutes a Public Offer Agreement. Submission of an Application by the Client constitutes unconditional acceptance (acceptance) of all terms of this Offer. Acceptance of the Offer shall have the same legal effect as entering into a binding agreement. The Client may accept the terms of this Agreement only in their entirety.
1.4. To use the Provider’s services, the Client must select the desired course on https://freemauritius.tilda.ws/trip, review the applicable terms, complete the Application, and receive confirmation from the Provider.
1.5. The period during which the services are provided shall be determined individually based on the Client’s Application.
1.6. By accepting this Offer, an individual automatically becomes the Client without the need to sign a separate written agreement.
1.7. By accepting this Offer, the Client confirms that they have full legal capacity, are at least 18 years of age, and have the legal right to enter into contractual relations with the Provider.

2. Rights and Obligations of the Parties
2.1. The Provider shall:
  • Organize and ensure the proper provision of the services described in Section 1 of this Agreement.
  • Deliver the services in accordance with the schedule established by the Provider.
  • Conduct all activities and training sessions included in the freediving course for the Client.
  • Treat the Client with dignity and respect.
  • Inform the Client if, due to the Client’s individual circumstances or characteristics, participation in the course is deemed inadvisable.
  • Notify the Client of any changes to the course schedule no later than 7 days before the course begins.
2.2. The Client shall:
  • Pay for the services in a timely manner.
  • Attend all activities and training sessions in accordance with the agreed schedule.
  • Provide medical certificates or documentation upon the Provider’s request.
  • Obtain and maintain sports insurance covering freediving for the duration of the course.
  • Promptly notify the Provider of any changes to their contact information.
  • Provide written consent to the processing of their personal data.
  • Comply with the rules of conduct and the Privacy Policy.
  • Treat the Provider and all members of the Provider’s staff with respect.
  • Compensate, upon the Provider’s first request, for any damage caused to the property of the Provider or third parties.
  • Refrain from participating in training sessions if experiencing symptoms of illness.
  • Complete all assignments and assessments required by the Provider.
  • Comply with sanitary and hygiene requirements, fire safety regulations, and all water safety instructions.
  • Exercise due care when using the Provider’s property and equipment.
2.3. The Provider shall have the right to:
  • Adjust the prices of the services to reflect inflation or other objective economic factors.
2.4. The Client shall have the right to request information from the Provider regarding:
  • The organization and proper performance of the services.
  • The schedule, methods, and timing of the course activities and training sessions.
2.5. The Client shall have the right to:
  • Contact the Provider regarding any questions related to the schedule, procedures, or methods of conducting the training.
  • Use the Provider’s equipment and property during the course in accordance with the Provider’s instructions.

3. Payment for Services
3.1. The Client shall pay:
  • the tuition fee specified on the Website;
  • the costs of ancillary services provided by third parties engaged by the Provider.
3.2.
The tuition fee is published on the Website at https://freemauritius.tilda.ws/trip and includes the services listed in Appendix No. 2 to this Agreement.
3.3.
The costs of ancillary services are indicated on the Website and specified in the Client’s Application. The total amount is an estimate and may be subject to change.
3.4.
To reserve a place in the course, the Client must pay a Deposit consisting of:
  • 50% of the tuition fee; and
  • 50% of the estimated cost of ancillary services.
3.5.
The Deposit is non-refundable, except in the following cases:
  • 100% refund if the Client cancels more than 9 months before the course start date;
  • 50% refund if the Client cancels 6–9 months before the course start date;
  • No refund if the Client cancels less than 6 months before the course start date.
3.6.
The Deposit must be transferred to the Provider’s designated bank account no later than 10 days after submitting the Application.
3.7.
All payments under this Agreement shall be made either by bank transfer to the Provider’s European bank account in euros (EUR) or in cash (EUR) no later than the first day of the course.
3.8.
The Provider reserves the right to revise its fees, provided that the Client is notified at least 14 calendar days in advance.

4. Amendment and Termination of the Agreement
4.1.
The Provider may amend the text of this Agreement by publishing an updated version on the Website.
4.2.
This Agreement may be terminated at any time by mutual written agreement of the Parties.
4.3.
The Provider may withdraw from this Agreement by giving the Client at least 30 calendar days’ prior notice.
4.4.
The Provider may terminate this Agreement immediately, without prior notice, if the Client breaches any of the terms and conditions of this Agreement.
4.5.
This Agreement shall terminate in the event of force majeure. Any refund of the Deposit shall be made in accordance with the refund provisions set out in this Agreement.

5. Miscellaneous Provisions and Liability
5.1.
Classes missed without a valid reason are non-transferable, non-recoverable, and non-refundable.
5.2.
Any legal matters not governed by this Agreement shall be governed by the laws of the Republic of Mauritius.
5.3.
The Client consents to the storage, processing, and use of their personal data in accordance with applicable law and, where applicable, Regulation (EU) 2016/679 (GDPR). The Provider processes personal data solely for the purpose of performing this Agreement. The Client has the right to request access to, correction of, or deletion of their personal data by submitting a written request.
5.4.
In the event of improper performance of obligations, the Parties shall be liable in accordance with the laws applicable at the location where the course is conducted.
5.5.
By accepting this Agreement, the Client confirms that they have read and understood all applicable safety rules and procedures.
5.6.
The Client declares that they have no medical contraindications preventing participation in the course. The Provider shall not be liable for any injury or damage resulting from inaccurate or incomplete health information provided by the Client or from the Client’s own actions. The Provider reserves the right to request a medical certificate.
5.7.
The Provider shall not be liable for:
5.7.1. Injury or damage to the Client’s health resulting from the Client’s violation of safety rules and/or negligence.
5.7.2. Damage or injury caused by the actions of third parties.
5.7.3. Loss, theft, or damage to the Client’s personal belongings.
5.7.4. Deterioration of the Client’s health due to an acute illness, aggravation of an existing injury, or chronic medical condition.
5.7.5. Injury or damage resulting from the Client’s independent activities outside the course program.
5.7.6. The Parties shall be released from liability in the event of force majeure.
5.8.
The Provider shall not be liable for any reduction or modification of the course program due to weather conditions or other objective circumstances beyond the Provider’s reasonable control. However, if more than 50% of the scheduled training sessions cannot be provided, the Provider may, at its sole discretion, offer either a partial credit toward a future course or a partial refund proportional to the services not delivered.
5.9.
Neither the Provider nor the Freediving Instructor shall be liable for the actions or omissions of third parties.
5.10.
The Provider shall not be liable for, and shall not issue refunds or compensation in connection with:
  • inaccurate or incomplete information provided by the Client;
  • flight cancellations, delays, or schedule changes;
  • changes made by the Client to ancillary services;
  • loss or damage to personal property;
  • decisions or actions of governmental authorities;
  • illness or medical conditions affecting the Client;
  • early termination of the course due to force majeure or safety considerations;
  • the Client’s violation of safety rules;
  • any other circumstances provided for by applicable law.
5.11.
If damage is caused to the Provider’s property, a damage report shall be prepared. The Client shall compensate the Provider for such damage within five (5) calendar days.
5.12.
The Provider reserves the right to terminate the provision of services immediately, without refund, if the Client engages in disorderly conduct, acts of vandalism or hooliganism, attends the course under the influence of alcohol or drugs, consumes alcohol or narcotics during the course, violates applicable laws, or breaches safety regulations.
5.13.
The Client shall compensate the Freediving Instructor and any third parties for any damage caused by the Client, including any fines or penalties incurred.
5.14.
Any disputes arising out of or relating to this Agreement shall first be resolved through negotiations between the Parties.
5.15.
Any claims relating to the services must be submitted in writing no later than 20 calendar days after completion of the course. The Provider shall review such claims within 14 calendar days.
5.16.
All expenses arising from the Client’s early withdrawal from the course shall be borne solely by the Client.
5.17.
The Client is solely responsible for the validity and accuracy of all travel and identification documents.
5.18.
The Client acknowledges that freediving is an extreme activity involving inherent risks to life and health. The Client agrees to obtain appropriate insurance covering their life, health, and personal property at their own expense.
5.19.
The Freediving Instructor is not a party to this Agreement but acts on behalf of and under the authority of the Provider.
5.20.
Any questions regarding safety procedures must be addressed to the Freediving Instructor or the Provider before the course begins.

6. Term of the Agreement
6.1.
This Agreement shall enter into force upon its conclusion and shall remain effective until the completion of the course.
6.2.
A Party shall not be held liable for failure to perform its obligations if such failure occurred through no fault of that Party and is supported by appropriate documentary evidence.
6.3.
This Offer becomes effective upon the Client’s acceptance and the Provider’s confirmation that the Application can be fulfilled, and shall remain in force until all obligations under the Agreement have been fully performed.

7. Force Majeure
7.1.
In the event of force majeure, including but not limited to natural disasters, armed conflicts, epidemics, government restrictions, flight bans, or other circumstances beyond the reasonable control of the Parties, either Party may terminate this Agreement.
7.2.
The affected Party shall notify the other Party in writing within seven (7) calendar days of becoming aware of the force majeure event and shall provide reasonable supporting evidence. Failure to provide such notice shall result in the loss of the right to rely on force majeure.

8. Personal Data Protection
8.1.
The Provider processes the Client’s personal data (including name, contact details, medical information, and payment details) solely for the purpose of performing this Agreement and communicating with the Client.
8.2.
The Provider shall not disclose the Client’s personal data to third parties except where necessary for the provision of ancillary services or where disclosure is required by law.
8.3.
The Client may, at any time, request access to, correction of, or deletion of their personal data.
8.4.
Where applicable, the Provider shall comply with the requirements of Regulation (EU) 2016/679 (GDPR).

Appendix No. 1 — Ancillary Services
Ancillary services provided by third parties:
  1. Boat trips to dolphin habitats and whale-watching areas throughout the duration of the program.
  2. Accommodation as specified on the Website (if included in the selected package).
  3. Meals as specified on the Website (if included in the selected package).
  4. Transfers between the hotel/airport and the meeting point (if included in the selected package).
  5. Underwater videography.
  6. Rental of diving weights.
Services arranged and paid for independently by the Client:
  1. Flights to and from Mauritius.
  2. Accommodation (if not included in the selected package).
  3. Rental of personal freediving equipment.
  4. Personal sports insurance covering freediving activities.
  5. Visa, where required.

Appendix No. 2 — Scope of the Freediving Training Course
The training course includes:
  1. Freediving course consisting of two theoretical lectures.
  2. Two open-water training sessions focused on diving technique and depth training, subject to suitable weather conditions.
  3. Breathing practices for freediving.
  4. A theory and practical session on equalization techniques.
  5. A briefing on responsible interaction with marine wildlife.
  6. Whale watching from the vessel in accordance with the laws and regulations of Mauritius.
  7. Daily debriefing sessions and personalized feedback from the instructors.