Scuba Travel Terms and Conditions

Scuba Travel Terms and Conditions

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Bookings Terms and Conditions - UK and EU Residents

The following Booking Terms and Conditions (Booking Conditions) together with the Travel Information contained in our information sheets and on our website, our privacy policy and any other written information we brought to your attention before we confirmed your booking form the basis of your contract with Tony Backhurst Scuba Limited, trading as Scuba Travel whose registered office is at Grove House, 2 Woodberry Grove, London, England, N12 0DR (Company No: 03080562) (“we”, “us”, “our”).

Please read them carefully as they set out our respective rights and obligations. In these Booking Conditions references to "you" and "your" include the first named person on the booking and all persons on whose behalf a booking is made or any other person to whom a booking is added or transferred.  

By making a booking, the first named person (the “Lead Name”/”Party Leader”) on the booking agrees on behalf of all persons detailed on the booking that:

a. he/she/they has/have read these Booking Conditions and has/have the authority to and does agree to be bound by them;
b. he/she/they consent(s) to our use of information in accordance with our Privacy Policy;
c. he/she is/are over 18 years of age and where placing an order for services with age restrictions declares that he/she/they and all members of the party are of the appropriate age to purchase those services;
d. he/she/they accept(s) financial responsibility for payment of the booking on behalf of all persons detailed on the booking.
e. he/she/they is/are to bring the Booking Conditions to the attention of all individuals on the booking and to confirm that said individuals agree to the Booking Conditions

These Booking Conditions only apply to holiday arrangements which you book with us and which we agree to make, provide or perform (as applicable) as part of our contract with you.

1. Making your booking

Once we have received your booking and all appropriate payments (as per clause 3), we will, subject to availability, confirm your holiday by issuing a confirmation invoice. We reserve the right to return your deposit and decline to issue a confirmation invoice at our absolute discretion.
This invoice will be sent to the Party Leader or your travel agent. Please check this invoice carefully as soon as you receive it. Contact us immediately if any information which appears on the confirmation or any other document appears to be incorrect or incomplete as it may not be possible to make changes later. We regret we cannot accept any liability if we are not notified of any inaccuracy in any document within 14 days of our sending it out. We will do our best to rectify any mistake notified to us outside these time limits, but you must meet any costs involved in doing so. 

Please Note: you are advised to submit your details very carefully as, with respect to flight tickets, it may not be possible to make any further changes without additional charges being incurred, after the booking has been made.

The only exception to this requirement to meet costs is where the mistake in question was made by us and there is good reason why you did not tell us about it within these time limits. If you wish to, you may contact us by e-mail for any of the reasons mentioned in these Booking Conditions (for example, to request an amendment) providing you do so to dive@scubatravel.com.

2. Your contract

A binding contract between us comes into existence when we despatch our confirmation invoice to the Party Leader or your travel agent.

Changes to these Booking Conditions or the General Information shown in our brochure or on our website will only be valid if agreed by us.

3. Payment

In order to confirm your chosen holiday, a deposit is required. . Your  deposit, any interim deposits and balance amounts and due dates applicable to your booking will be confirmed in your booking confirmation.  Full payment is required if you are booking within 90 days of departure.
Some suppliers have conditions that require the payment of higher or different charges, so we may require you to pay a higher deposit than those stated in these Booking Conditions. There may also be interim payments, or the full balance may be due further in advance of departure than the 90 days as stated above. We will advise you of both the required deposit and the dates for payment for the remainder of your balance, at the time of booking.
The balance of the holiday cost will be due on the date set out in your booking confirmation and invoice. Reminders are not sent.
If you wish to purchase an insurance policy we offer (if any), all applicable premiums must also be paid at the time of booking.
If we do not receive this balance in full and on time, we reserve the right to treat your booking as cancelled by you in which case the cancellation charges set out in clause 10 below will become payable. 

Any money paid to an authorised agent of ours in respect of a booking covered by our ATOL is held by that agent on behalf of and for the benefit of the Trustees of the Air Travel Trust at all times, but subject to the agent’s obligation to pay it to us for so long as we do not fail financially. If we do fail financially, any money held at that time by the agent or subsequently accepted from the consumer by the agent, is and continues to be held by that agent on behalf of and for the benefit of the Trustees of the Air Travel Trust without any obligation to pay that money to us.

4. Accuracy

We endeavour to ensure that all the information and prices both on our website and in any advertising material that we publish are accurate; however occasionally changes and errors occur, and we reserve the right to correct prices and other details in such circumstances. You must check the current price and all other details relating to the arrangements that you wish to book before you make your booking.

5. Special Requests

If you have any special request, you must advise us in writing at the time of booking. Although we will endeavour to pass any reasonable requests on to the relevant supplier, we regret we cannot guarantee any request will be met unless we have specifically confirmed this. Confirmation that a special request has been noted or passed on to the supplier or the inclusion of the special request on your confirmation invoice or any other documentation is not confirmation that the request will be met. Failure to meet any special request will not be a breach of contract on our part unless the request has been specifically confirmed by us.  We do not accept bookings that are conditional upon any special request being met.

6. Pricing

The price of your travel Arrangements has been calculated using exchange rates quoted by Lumon  on an ongoing basis in relation to the following currencies: GBP, EUR, USD, PHP and IDR.
We reserve the right to amend the price of unsold holidays at any time and correct errors in the prices of confirmed holidays. We also reserve the right to increase the price of confirmed holidays solely to allow for increases which are a direct consequence of changes in:  

(i) the price of the carriage of passengers, resulting from the cost of fuel or other power sources;
(ii) the level of taxes or fees applicable to the holiday imposed by third parties not directly involved in the performance of the holiday, including tourist taxes, landing taxes or embarkation or disembarkation fees at ports and airports; and
(iii) the exchange rates relevant to the package.

You will be charged for the amount of any increase in accordance with this clause. However, if this means that you have to pay an increase of more than 8% of the total price of your confirmed holiday (excluding any amendment charges and/or additional services or travel arrangements), you will have the option of:
a) accepting the price increase and paying the requested amount;
b) accepting a change to another holiday if we are able to offer one (if this is of equivalent or higher quality you will not have to pay more but if it is of lower quality you will be refunded the difference in price); or
c) cancelling and receiving a full refund of all monies paid to us, except for any insurance premiums and any amendment charges and/or additional services or travel arrangements not forming part of your package. Should you decide to cancel for this reason, you must exercise your right to do so within 7 days from the issue date on your confirmation

Should the cost of your holiday go down due to the changes mentioned above, then any refund due will be paid to you less an administration fee of £25. However, please note that travel arrangements are not always purchased in local currency and some apparent changes have no impact on the price of your travel due to contractual and other protection in place.
There will be no change made to the price of your confirmed holiday within 20 days of your departure nor will refunds be paid during this period. We will consider an appropriate refund of insurance premiums paid if you can show that you are unable to transfer or reuse your policy.

7. Insurance

We consider adequate travel insurance to be essential and a condition of your booking.  
You must give us details in writing of your policy (insurer´s name, policy number and emergency contact number) upon request although we will not check your policy for suitability and it remains your sole responsibility at all times to ensure that you are adequately insured for your particular needs and the type of holiday you have booked.
You must be satisfied that your insurance fully covers all your personal requirements including (without limitation) pre-existing medical conditions, cancellation charges, medical expenses and repatriation in the event of accident or illness.
You must ensure that your policy covers you in respect of Covid-19, specifically: a) in the event of testing positive for Covid-19 pre-travel which prevents you from going on holiday b) testing positive for Covid-19 OR somebody else in your accommodation or on your boat/itinerary testing positive for Covid-19 whilst on holiday which prevents you from participating in your holiday c) testing positive for Covid-19 whilst on holiday OR somebody else in your accommodation or on your boat/itinerary testing positive for Covid-19, resulting in your needing to quarantine or self-isolate, in line with local laws and regulations at your destination.  
It is entirely your responsibility to ensure that the policy you purchase is suitable for your confirmed booking, and you must ensure that your policy has an endorsement adequate for the type of scuba diving you are undertaking as part of your holiday as some policies may not cover certain activities that will be part of your trip. Therefore, you must check the small print before purchasing an insurance policy and take the policy and policy details with you on holiday.
If you choose to travel without adequate insurance cover, neither we nor the Supplier/Principal will be liable for any losses howsoever arising, in respect of which insurance cover would otherwise have been available. You are responsible for indemnifying us in full in the event that we incur any losses or expenses arising out of your failure to take out adequate insurance cover.

8. Cutting your holiday short

If we are still able to provide you with your travel arrangements and you choose to return home early for whatever reason, we cannot refund the cost of any travel arrangements you have not used. If you elect to cut short your holiday and return home early in circumstances where you have no reasonable cause for complaint about the standard of accommodation and services provided, we will not offer you any refund for that part of your holiday not completed or be liable for any associated costs you may incur. Depending on the circumstances, your travel insurance may offer cover for curtailment and we suggest that any claim is made directly with them.

9. Changes or transferring your booking

Should you wish to make any changes to your confirmed holiday, you must notify us in writing as soon as possible. This should be done by the first named person on the booking. Whilst we will endeavour to assist, we cannot guarantee we will be able to meet any such requests. Where we can, an amendment fee of £75 for Red Sea holidays, or £100 for all non-Red Sea holidays  per person/per booking will be payable together with any costs incurred by ourselves and any costs or charges incurred or imposed by any of our suppliers. You should be aware that these costs could increase the closer to the departure date that changes are made, and you should contact us as soon as possible. Please note, some changes requested less than 90 days before departure may be treated as a cancellation of your original booking. Where we are unable to assist you and you do not wish to proceed with the original booking, we will treat this as a cancellation by you. A cancellation fee may be payable in accordance with clause 10.
Transfer of Booking: If any member of your party is prevented from travelling, that person(s) may transfer their place to someone else, subject to the following conditions:
- that person is introduced by you and satisfies all the conditions applicable to the Arrangements;
- we are notified not less than 7 days before departure;
- you pay any outstanding balance payment, an administration fee of £75 for Read Sea holidays, or £100 for all non-Red Sea holidays per person transferring as well as any additional fees, charges or other costs arising from the transfer; and
- the transferee agrees to these Booking Conditions and all other requirements applicable to the Package Holiday booking. 
- You and the transferee remain jointly and severally liable for payment of all sums.
If you are unable to find a replacement, cancellation charges as set out will apply in order to cover our estimated costs. Otherwise, no refunds will be given for passengers not travelling or for unused services.

                               
Important Note: Certain arrangements may not be amended or transferred after they have been confirmed and any alteration could incur a cancellation charge of up to 100% of that part of the arrangements.

10. If you cancel your booking before departure

Should you or any member of your party need to cancel your chosen holiday or you are disinclined to travel once it has been confirmed, the Party Leader must immediately advise us in writing. Your notice of cancellation will only be effective when it is received in writing by us at our offices.
In order to secure your holiday, we will pay suppliers of flights, accommodation, diving packages, transfers in advance of your travel. In processing your holiday booking, we also incur administration costs. Deposits, interim payments and final balances are non-refundable as they represent these costs in delivering your planned holiday, paid by us in good faith of your intent to travel. If our suppliers are unable to re-fill these places, in particular at short notice after your balance is due, then their charges to us will typically be 100% loss. 
On the rare occasion we are able to resell your holiday, we may be able to make a partial refund of payments lost at cancellation. This would be minus any costs incurred, administration fees and take into account any discounts that had to be offered to refill your holiday place. 
Some suppliers have conditions which require the payment of higher or different charges, including the imposition of 100% cancellation charges well in advance of the normal balance due date. You will be advised at the time of booking if this is the case for your tour, and special cancellation terms will be included with your confirmation invoice.
Depending on the reason for cancellation, you may be able to reclaim these cancellation charges (less any applicable excess) under the terms of your insurance policy. Claims must be made directly to the insurance company concerned.
Where any cancellation reduces the number of full paying party members below the number on which the price, number of free places and/ or any concessions agreed for your booking were based, we will recalculate these items and re-invoice you accordingly.
Please note, no refunds at all can be given until we receive back from you all travel documents, we have sent to you (where these have been issued.)
Should one or more member of a party cancel, it may increase the per person holiday price of those still travelling and you will be liable to pay this increase.

11. If you cancel due to Unavoidable and Extraordinary Circumstances

You have the right to cancel your confirmed holiday before departure without paying a cancellation charge in the event of “unavoidable and extraordinary circumstances” occurring at your holiday destination or its immediate vicinity and significantly affecting the performance of the holiday or which significantly affects transport arrangements to the destination. Please note that any countries which you transit through in order to reach your holiday destination are unlikely to be classed as the destination or the destination’s immediate vicinity for these purposes.  In these circumstances, we shall provide you with a full refund of the monies you have paid but we will not be liable to pay you any compensation. This will only be applicable if you are due to travel to your holiday destination imminently and it is absolutely certain that your holiday cannot proceed due to unavoidable and extraordinary circumstances. If there is any likelihood that your holiday can proceed as planned, this right will not be relevant.
Please note that your right to cancel in these circumstances will only apply where the Foreign Commonwealth and Development Office advises against travel to your destination or its immediate vicinity.
For the purposes of this clause, “unavoidable and extraordinary circumstances” means warfare, acts of terrorism, significant risks to human health such as the outbreak of serious disease at the travel destination or natural disasters such as floods, earthquakes or weather conditions which make it impossible to travel safely to the travel destination.


12. If we change or cancel your holiday

We start planning the holidays we offer many months in advance. Occasionally, we have to make changes to and correct errors in information sheets, website and other details both before and after bookings have been confirmed and cancel confirmed bookings. Whilst we always endeavour to avoid changes and cancellations, we must reserve the right to do so.
We may occasionally have to make changes or cancel your booking and we reserve the right to do so at any time.
Changes: If we make an insignificant change to your holiday, we will make reasonable efforts to inform you or your travel agent as soon as reasonably possible if there is time before your departure, but we will have no liability to you. Examples of insignificant changes include alteration of your outward/return flights by less than 12 hours, changes to aircraft type, change of accommodation to another of the same or higher standard, changes of carriers, a change in any published, on board experts or speakers that are to attend the trip. Please note that carriers such as airlines used in the brochure may be subject to change. 

Please note: A change of sites visited on an itinerary due to local permissions, the captain, weather or diver safety, will not constitute a significant change, when your original point of entry and/or exit remains unchanged.


Occasionally we may have to make a significant change (“Significant Change”) to your confirmed holiday. Significant Changes include the following, when made before departure:
- A change of destination area or the locations in which a boat is to be based (unless that change of site is due to local permissions, the captain, weather or diver safety) for the whole or a significant part of your time away.
- A change of accommodation to that of a lower standard or classification for the whole or a significant part of your time away.
- A change of outward departure time or overall length of your arrangements of twelve or more hours.
- A change of UK departure airport, as long as that change is not from one London airport to another London airport. London airports are Heathrow, Gatwick, Stansted, Luton and London City.
- A significant change to your itinerary, missing out one or more destination entirely. Unless due to permissions or changes in local laws or restrictions)
Cancellation: We will not cancel your holiday less than 56 days before your departure date, except for reasons of force majeure (see clause 13) or failure by you to pay the final balance. We may cancel your holiday before this date if, e.g., the minimum number of clients required for a particular travel arrangement is not reached.
If we have to make a Significant Change or cancel, we will tell you (via e-mail and with a follow up telephone call, if you have not responded to our e-mail) as soon as possible and if there is time to do so before departure, we will offer you the choice of:
If we have to make a Significant Change or cancel, we will contact via e-mail and if you have not responded to our first e-mail, we will make contact a second time by telephone (approx 7 days later),
As per the PTR reg 11 (10) you will be advised of
a)      The proposed changes and the impact on price;
b)      A reasonable period of time for which you must inform us of your decision;
c)      The consequences of the customers failures to respond within the reasonable period of time;
d)      Any substitute package and its price.

We will give you a reasonable period of time to either accept the proposed changes or to terminate. Typically this is considered to be 7 calendar days.

If we do not hear from you within 7 days from our second contact, we will assume that you have chosen to accept the change or alternative booking arrangements.
If you do not accept the alternative arrangements, we will terminate the contract and refund all payments made by or on behalf of the traveller, no later than 14 days after the contract is terminated

Insurance
If we cancel or make a Significant Change and you accept a refund, we will provide a full refund of your travel insurance premiums if you paid them to us and can show that you are unable to transfer or reuse your policy. 

Compensation
In addition to a full refund of all monies paid by you, we will pay you compensation as detailed below, in the following circumstances:

  • If, where we make a significant change, you do not accept the changed arrangements and cancel your booking;
  • If we cancel your booking and no alternative arrangements are available.

The compensation that we offer does not exclude you from claiming more if you are entitled to do so.


Period before departure in which we notify you

Compensation per fare paying passenger

More than 56 days

£10

56 – 14 days

£20

Less than 14 days

£50

IMPORTANT NOTE: We will not pay you compensation in the following circumstances:
- where we make an insignificant change;
- where we make a Significant Change or cancel your Arrangements more than 56 days before departure;
- where we make a Significant Change and you accept those changed arrangements or you accept an offer of alternative travel arrangements;
- where we have to cancel your arrangements as a result of your failure to make full payment on time;
- where the change or cancellation by us arises out of alterations to the confirmed booking requested by you;
- where we are forced to cancel or change your Arrangements due to Force Majeure (see clause 13).

If we become unable to provide a significant proportion of the Arrangements that you have booked with us after you have departed, we will, if possible, make alternative Arrangements for you at no extra charge and where those alternative arrangements are of a lower standard, provide you with an appropriate price reduction.

13. Force Majeure

Except where otherwise expressly stated in these Booking Conditions, we regret we cannot accept liability or pay any compensation if our contractual obligations to you are affected by  Force Majeure, meaning any event beyond our control, the consequences of which could not have been avoided even if all reasonable measures had been taken. Examples include warfare and acts of terrorism (and threat thereof), civil strife, significant risks to human health such as the outbreak of serious disease at the travel destination , epidemics and pandemics (including the coronavirus pandemic (Covid-19) and any mutations or variations of Covid-19), including but not limited to localised outbreaks of epidemics or pandemics,or natural disasters such as floods, earthquakes or weather conditions which make it impossible to travel safely to the travel destination or remain at the travel destination, the act of any government or other national or local authority including port or river authorities and health authorities, industrial dispute, lock closure, natural or nuclear disaster, fire, chemical or biological disaster, unavoidable technical problems with transport and all similar events outside our or the supplier(s) concerned’s control.
Brexit Implications: please note that certain travel arrangements may be affected as a result of the United Kingdom’s decision to leave the European Union. This could include an unavailability of certain flight routes, access to certain ports and airports and changes to the visa requirements of British citizens travelling to, within or through the EU. Please rest assured that this is something we will continue to monitor and will advise our customers as soon as possible if we become aware of any confirmed bookings that will be affected. However, since this is something which is completely unprecedented and outside our control, we would treat any such changes as Force Majeure, and whilst we will endeavour to provide suitable alternative arrangements or refunds where possible, we will not be liable to pay you any compensation.

14. Our Responsibility

1) We will accept responsibility for the arrangements we agree to provide or arrange for you as an “organiser” under the Package Travel and Linked Travel Arrangements Regulations 2018 as set out below and as such, we are responsible for the proper provision of the travel services included in your package, as set out in your confirmation invoice and the information we provided to you regarding the services prior to booking which will be contained in our “Read before you leave” section which can be found on our website here and in “Travel documents”. Please note that we shall not be responsible for any additional services provided to you, whether provided by the travel service providers or otherwise, which are not set out in your confirmation invoice and the information we provided to you regarding the services prior to booking which will be contained in our “Read before you leave” section which can be found on our website here and in “Travel documents”...
2) We will not be responsible or pay you compensation for any personal injury or death unless you are able to prove that it was caused by our negligence or the negligence of our suppliers.
3) We will not be responsible for any injury, illness, death, loss (for example loss of enjoyment), damage, expense, cost or other sum or claim of any description whatsoever which results from any of the following:
(a) the act(s) and/or omission(s) of the person(s) affected; or
(b) the acts and/or omissions of a third party unconnected with the provision of the services contracted for and which were unavoidable and extraordinary; or
(c) Force Majeure (as defined in Clause 13)

4) We limit the amount of compensation we may have to pay you if we are found liable under this clause:
loss of and/or damage to any luggage or personal possessions and money:
(a) the maximum amount we will have to pay you in respect of these claims is an amount equivalent to the excess on your insurance policy which applies to this type of loss per person in total because you are required to have adequate insurance in place to cover any losses of this kind. Where loss of and/or damage to any luggage or personal possessions and money is caused by the acts of an airline, you should raise a claim or complaint with that airline directly.
(b) Claims not falling under (a) above and which don’t involve injury, illness or death:
the maximum amount we will have to pay you in respect of these claims is up to three times the price paid by or on behalf of the person(s) affected in total. This maximum amount will only be payable where everything has gone wrong and you or your party has not received any benefit at all from your booking.
(c) Claims in respect of international travel by air, sea and rail, or any stay in a hotel:
(i) The extent of our liability will in all cases be limited as if we were carriers under the appropriate Conventions, which include The Warsaw/Montreal Convention (international travel by air); The Athens Convention (with respect to sea travel); The Berne/Cotif Convention (with respect to rail travel) and The Paris Convention (with respect to hotel arrangements). You can ask for copies of these Conventions from our offices. Please contact us. In addition, you agree that the operating carrier or transport company's own 'Conditions of Carriage' will apply to you on that journey. When arranging transportation for you, we rely on the terms and conditions contained within these international conventions and those 'Conditions of Carriage'. You acknowledge that all of the terms and conditions contained in those 'Conditions of Carriage' form part of your contract with us, as well as with the transport company and that those 'Conditions of Carriage' shall be deemed to be included by reference into this contract.

(ii) In any circumstances in which a carrier is liable to you by virtue of  EC 261/2004 (Denied Boarding and Flight Disruption), any liability we may have to you under our contract with you, arising out of the same facts, is limited to the remedies provided under the Regulation as if (for this purpose only) we were a carrier.

(iii) When making any payment, we are entitled to deduct any money which you have received or are entitled to receive from the transport provider or hotelier for the complaint or claim in question.

5) Subject to these Booking Conditions, if we or our suppliers negligently perform or arrange those services set out in the [confirmation invoice and the information we provided to you regarding the services prior to booking] and we don’t remedy or resolve your complaint within a reasonable period of time, and this has affected the enjoyment of your package holiday you may be entitled to an appropriate price reduction or compensation or both. You must inform us without undue delay of any failure to perform or improper performance of the travel services included in this package. The level of any such price reduction or compensation in respect of any claim for damages or compensation whatsoever will be calculated taking into consideration all relevant factors such as but not limited to: following the complaints procedure as described in these Booking Conditions and the extent to which ours or our employees’ or suppliers’ negligence affected the overall enjoyment of your holiday. Please note that it is your responsibility to show that we or our supplier(s) have been negligent if you wish to make a claim against us


6) It is a condition of our acceptance of liability under this clause that you notify any claim to us and our supplier(s) strictly in accordance with the complaint’s procedure set out in these conditions.

7) Where any payment is made, the person(s) receiving it (and their parent or guardian if under 18 years) must also assign to us or our insurers any rights they may have to pursue any third party and must provide ourselves and our insurers with all assistance we may reasonably require.

8) Please note, we cannot accept any liability for any damage, loss or expense or other sum(s) of any description:
(a) which on the basis of the information given to us by you concerning your booking prior to our accepting it, we could not have foreseen you would suffer or incur if we breached our contract with you; or
(b) relate to any business.
9) We will not accept responsibility for services or facilities which do not form part of our agreement or where they are not advertised in our brochure. For example,any excursion you book whilst away, or any service or facility which your hotel or any other supplier agrees to provide for you.

10) Where it is impossible for you to return to your departure point as per the agreed return date of your package, due to “unavoidable and extraordinary circumstances”, we shall provide you with any necessary accommodation (where possible, of a comparable standard) for a period not exceeding three nights per person. Please note that the 3-night cap does not apply to persons with reduced mobility, pregnant women or unaccompanied minors, nor to persons needing specific medical assistance, provided we have been notified of these particular needs in advance of departure. For the purposes of this clause, “unavoidable and extraordinary circumstances” mean warfare, acts of terrorism, significant risks to human health such as the outbreak of serious disease at the travel destination or natural disasters such as floods, earthquakes or weather conditions which make it impossible to travel safely back to your departure point.

15. Your Responsibility

It is your responsibility to ensure that you and everyone travelling with you have valid passports, appropriate visas, test results and vaccinations applicable to your holiday. Your specific passport and visa requirements, and other immigration requirements are your responsibility and you should confirm these with the relevant Embassies and/or Consulates. We do not accept any responsibility if you cannot travel because you have not complied with any passport, visa or immigration requirements. Your specific health requirements, test results and applicable vaccinations are your responsibility and you should confirm these with the Foreign Commonwealth and Development Office and the relevant health authorities in your country of destination.
You are responsible for ensuring that any existing medical conditions or disabilities which may require assistance are declared to us before you book your holiday or, if newly diagnosed, before your due date of departure so that we can pass these details on to our suppliers in good time. We are not in any circumstances liable if any carrier refuses you or any member of your party as a passenger as a result of any medical condition or disability.
We cannot be held responsible for client(s) that do not have adequate travel insurance. Furthermore, we cannot be held responsible for costs arising due to failure of obtaining such a policy.
When you book with us, you accept responsibility for any damage or loss caused by you or any member of your party. Full payment for any such damage or loss must be paid direct at the time to the accommodation owner or manager or other supplier. If you fail to do so, you will be responsible for meeting any claims subsequently made against us (together with our own and the other party’s full legal costs) as a result of your actions. We expect all clients to have consideration for other people. If in our reasonable opinion or in the reasonable opinion of any other person in authority, you or any member of your party behaves in such a way as to cause or be likely to cause danger, upset or distress to any third party or damage to property, we are entitled, without prior notice, to terminate the holiday of the person(s) concerned. In this situation, the person(s) concerned will be required to leave the accommodation or other service. We will have no further responsibility toward such person(s) including any return travel arrangements. No refunds will be made, and we will not pay any expenses or costs incurred as a result of the termination.

16. Diving Requirements

You must dive strictly within the limits of and meeting the requirements of your current qualifications and experience and agency standards. You must not dive alone. In order to dive whilst on holiday with us you must hold a minimum qualification of a PADI Open Water Diver [or PADI Junior Open Water Diver] or equivalent from a recognised agency (as judged by the Company) except where you have booked a holiday, one of the purposes of which is, to obtain that minimum qualification. Clients must submit evidence of their diving qualifications to the Dive Guide/Instructor at the dive centre or dive site and if, requested to the Company prior to departure before diving can commence. All clients participating in scuba diving must be in good health and not have any medical history of lung disorders, asthma, epilepsy, diabetes or recent surgery and agree to discontinue diving if respiratory congestion takes place during the holiday. If you have any medical condition contrary to these requirements you must produce a diving medical certificate of fitness prior to diving. If you fail to produce evidence of satisfactory diving qualifications or medical certificates, we or the Dive Guide/Instructor will be entitled to prevent you from taking your holiday and/or diving. In this case neither we nor the Dive Guide/Instructor or other applicable dive supplier will have any liability to provide you with any refunds or compensation in respect of any diving you are unable to take part in as a result or you being prevented from traveling on your holiday. Please note: Diving activities carry inherent risks. You must behave in a fit and proper manner at all times in accordance with all recognised diving practices and procedures and take proper responsibility for your own safety. Certain diving sites are very remote, either by distance or time or both, from a recompression chamber. If you participate in such activities, you may be asked by the supplier to sign ‘liability releases & assumptions of risk’ and ‘medical disclaimer’ forms and/or provide a current medical and in all cases must adhere to the restrictions imposed by the diving supplier/ instructor. Copies of relevant forms are available, prior to departure, on request from ourselves or the dive supplier concerned.

17. If you have a complaint

In the unlikely event that you have any reason to complain or experience any problems with your holiday whilst in resort, you must immediately inform our representative and the supplier of the service(s) in question. Any verbal notification must be put in writing and given to our representative and the supplier as soon as possible. If your complaint is not resolved locally, please contact: +44 (0)1483 411 590; Out of Hours (emergency only): 07747 488 002.
Until we know about a problem or complaint, we cannot begin to resolve it. Most problems can be dealt with quickly. If you remain dissatisfied, however, you must write to us at Tony Backhurst Scuba Limited, Global House, 303 Ballards Lane, London, England, N12 8NPor at operations@scubatravel.com within 28 days of your return to the UK giving your booking reference and full details of your complaint. For group complaints the Party :Leader should be the main point of contact.
If you fail to follow these simple complaints procedures, your right to claim the compensation you may otherwise have been entitled to may be affected or even lost as a result. 

Please note that we offer an Alternative Dispute Resolution service through our ABTOT membership. This means that if, despite our best efforts and having followed the above procedure for reporting and resolving your complaint, you feel that it has not been satisfactorily settled, you can refer to arbitration under the ABTOT Travel Industry Arbitration Service. An Independent Arbitrator will review the documents relating to any complaint and deliver a binding decision to bring the matter to a close.
Details of this scheme are available from the Travel Industry Arbitration Service administered by Dispute Settlement Services Limited -- 9 Savill Road, Lindfield, Haywards Heath, West Sussex, RH16 2NY.

This scheme cannot however decide cases where the sums claimed exceed £5,000 per person of £10,000 per booking form, or for claims which are solely or mainly in respect of physical injury or illness or the consequence thereof.            

18. Conditions of Suppliers

Many of the services which make up your holiday are provided by independent suppliers. Those suppliers provide these services in accordance with their own terms and conditions. Some of these terms and conditions may limit or exclude the supplier’s liability to you, usually in accordance with applicable International Conventions. Copies of the relevant parts of these terms and conditions are available on request from ourselves or the supplier concerned.

19. Excursions, activities and other information

The information contained in our information sheets and on our website is correct to the best of our knowledge at the time of the sheets going to print/being published on our website.
We may provide you with information (in our information sheets, on our website and/or when you are on holiday) about activities and excursions which are available in the area you are visiting. We have no involvement in any such activities or excursions which are neither run, supervised nor controlled in any way by us. They are provided by local operators or other third parties who are entirely independent of us. They do not form any part of your contract with us even where we suggest particular operators/other third parties and/or assist you in booking such activities or excursions in any way.
We cannot accept any liability on any basis in relation to such activities or excursions and the acceptance of liability contained in clause 14 of our Booking Conditions will not apply to them. We do not however exclude liability for the negligence of ourselves or our employees resulting in your death or personal injury.
We cannot guarantee accuracy at all times of information given in relation to such activities or excursions or about the resorts/area you are visiting generally (except where this concerns the services which will form part of your contract) or that any particular excursion or activity which does not form part of our contract will take place as these services are not under our control.

20. Entry, Passports, Visa and Immigration Requirements & Health Formalities

It is your responsibility to check and fulfil the entry, passport, visa, health, vaccine, Covid-19 testing and immigration requirements applicable to your itinerary. If you or any member of your party is 16 or over and haven’t yet got a passport, our recommendation is that you should apply for one at least 6 weeks before your arrangements. We can only provide general information about this. Passport application turnaround times may change from time to time and so you must check the up to date position before making a booking with us. You must check requirements for your own specific circumstances with the relevant Embassies and/or Consulates and your own doctor as applicable. Requirements do change and you must check the up to date position in good time before departure.

Most countries now require passports to be valid for at least 6 months after your return date. If your passport is in its final year, you should check with the Embassy of the country you are visiting. For further information contact the Passport Office on 0870 5210410 or visit Link to Citizenship Passports information.

The passport, visa and health requirements applicable at the time of printing to British citizens for the holidays we offer are shown elsewhere on our website. That information on our brochure and our website is for guidance only and we bear no responsibility for any information changes between booking and travel as information may change quickly and our website and brochures are not live-linked to official sources. It is still your responsibility to check for up to date information with relevant Embassies and or Consulates or your own doctor as applicable. For European travel you should obtain a UK Global Health Insurance Card (UK GHIC) prior to departure unless you are able to rely upon an existing European Health Insurance Card (EHIC).

For travel to Norway, Iceland, Liechtenstein and Switzerland, UK GHIC and EHIC can not be used for medical treatment. Passengers to these destinations should obtain comprehensive medical insurance prior to departure, including cover for emergency medical treatment and associated costs.

Up to date travel advice can be obtained from the Foreign, Commonwealth and Development Office, visit Link to Travel Aware. 

Non British passport holders, including other EU nationals, should obtain up to date advice on entry, passport, visa, health and immigration requirements   from the Embassy, High Commission or Consulate of your destination or country(ies) through which you are travelling,

We do not accept any responsibility if you cannot travel, or incur any other loss because you have not complied with any entry, passport, visa, immigration requirements or health, vaccine, Covid-19 testing formalities. You agree to reimburse us in relation to any fines or other losses which we incur as a result of your failure to comply with any entry passport, visa, immigration requirements or health formalities.

Please note: The impacts of Brexit may change your visa, ticket and health requirements. Third country nationals may require an airport transit visa when passing through EU Member States. There is the potential for disruption at borders when travelling between the UK and EU Member States and you should allow sufficient time for this when planning any onward travel. You should check any impacts of Brexit on your travel, in advance of your departure, to ensure that you fulfil the requirements post-Brexit, including any passport validly requirements. The UK Government passport checker can be found here Link to passport checker.

Special conditions apply for travel to the USA, and all passengers must have individual machine readable passports. Please check Link to check conditions. 
For travel to and via the USA, every person travelling (including children) must have a visa unless they qualify for the Visa Waiver Program (VWP). Most British citizens travelling on holiday will qualify for the VWP but please see the important note below. All visitors who are eligible for the VWP must now apply for authorisation to travel to the US in advance in accordance with the Electronic System for Travel Authorization (ESTA). You must complete an online application for authorization to travel on the ESTA website (details below) at least 72 hours before your flight to the US departs but you are recommended to apply earlier. Providing the application is accepted, you will be provided with approval via the website. Approval is usually provided very quickly but can take up to 72 hours if data needs to be checked. You should make a note of the ESTA approval number when you receive it.
Please note; authorisation to travel under ESTA does not guarantee entry into the United States; that decision rests with the immigration official at the point of entry in the same way that travellers currently entering the U.S. under the Visa Waiver Program or with a visa are subject to inspection. Warning: If your passport has ever been reported lost or stolen to the authorities and then recovered, please do not attempt to use it for travel to the United States. If you input the passport details into ESTA, your application will be denied. It is your responsibility to obtain ESTA approval or a US visa if required. If you fail to obtain authorization to travel through the ESTA website or a US visa in advance of travel, you will not be allowed on your outbound flight to the US. Full cancellation charges will then app  ly.

The ESTA website can be found at esta.cbp.dhs.gov/esta.

 

21. Financial Security

We provide financial security for ATOL protected flights and flight inclusive holidays. We do this by way of our Air Traffic Organiser’s Licence (ATOL No: 5667) issued by the Civil Aviation Authority Gatwick Airport South, West Sussex, RH6 0YR, UK, telephone 0333 103 6350, email: claims@caa.co.uk of CAA House, 45-59 Kingsway, London WC2B 6TE (www.caa.co.uk).

When you buy an ATOL protected product from us you will receive an ATOL Certificate. This lists what is financially protected, where you can get information on what this means for you and who to contact if things go wrong. For further information, visit the ATOL website at ATOL www.atol.org.uk.  The price of our flight inclusive arrangements includes the amount of £2.50 per person as part of the ATOL Protection Contribution (APC) we pay to the CAA. This charge is included in our advertised prices. Not all holiday or travel services offered and sold by us will be protected by the ATOL Scheme. ATOL protection extends primarily to customers who book and pay in the United Kingdom.         

We, or the suppliers identified on your ATOL Certificate, will provide you with the services listed on the ATOL Certificate (or a suitable alternative). In some cases, where neither we nor the supplier are able to do so for reasons of insolvency, an alternative ATOL holder may provide you with the services you have bought or a suitable alternative (at no extra cost to you). You agree to accept that in those circumstances the alternative ATOL holder will perform those obligations and you agree to pay any money outstanding to be paid by you under your contract to that alternative ATOL holder. However, you also agree that in some cases it will not be possible to appoint an alternative ATOL holder, in which case you will be entitled to make a claim under the ATOL scheme (or your credit card issuer where applicable).

If we, or the suppliers identified on your ATOL certificate, are unable to provide the services listed (or a suitable alternative, through an alternative ATOL holder or otherwise) for reasons of insolvency, the Trustees of the Air Travel Trust may make a payment to (or confer a benefit on) you under the ATOL scheme. You agree that in return for such a payment or benefit you assign absolutely to those Trustees any claims which you have or may have arising out of or relating to the non-provision of the services, including any claim against us, the travel agent (or your credit card issuer where applicable). You also agree that any such claims may be re-assigned to another body, if that other body has paid sums you have claimed under the ATOL scheme.

We provide full financial protection for our package holidays which don’t include flights, by way of a bond held by the Association of Bonded Travel Organisers Trust Limited (ABTOT) of 117 Houndsditch, London, EC3A 7BT (ABTOT https://www.abtot.com/).

The Association of Bonded Travel Organisers Trust Limited (ABTOT) provides financial protection under The Package Travel and Linked Travel Arrangements Regulations 2018 for Scuba Travel (member 5194), and in the event of their insolvency, protection is provided for the following:
1. Non-flight packages for UK and EU customers only

ABTOT cover provides for a refund in the event you have not yet travelled or repatriation if you are abroad.  Please note that bookings made outside the EEA are only protected by ABTOT when purchased directly with Scuba Travel.  In the unlikely event that you require assistance whilst abroad due to our financial failure, please call the 24/7 helpline on 01702 811397 and advise you are a customer of an ABTOT protected travel company. You can access the Package Travel and Linked Travel Arrangements Regulations 2018 here:  https://www.legislation.gov.uk/uksi/2018/634/contents/made and here:  https://www.legislation.gov.uk/uksi/2018/1367/pdfs/uksi_20181367_en.pdf

22. Delays, Missed Transport Arrangements and other Travel Information

If you or any member of your party misses your flight or other transport arrangement, it is cancelled or you are subject to a delay of over 3 hours for any reason, you must contact us and the airline or other transport supplier concerned immediately.
Under UK Law, you have rights in some circumstances to refunds and/or compensation from the airline in cases of denied boarding, cancellation or delay to flights. Full details of these rights will be publicised at UK airports and will also be available from airlines. If the airline does not comply with these rules you should complain to the Civil Aviation Authority at  www.caa.co.uk/passengers. Reimbursement in such cases is the responsibility of the airline and will not automatically entitle you to a refund of your holiday price from us. If, for any reason, you do not claim against the airline and make a claim for compensation from us, you must, at the time of payment of any compensation to you, make a complete assignment to us of the rights you have against the airline in relation to the claim that gives rise to that compensation payment. A delay or cancellation to your flight does not automatically entitle you to cancel any other arrangements even where those arrangements have been made in conjunction with your flight.  

We cannot accept liability for any delay which is due to any of the reasons set out in clause 13 of these Booking Conditions (which includes the behaviour of any passenger(s) on any flight who, for example, fails to check in or board on time). 

The carrier(s), flight timings and types of aircraft shown in this brochure or on our website and detailed on your confirmation invoice are for guidance only and are subject to alteration and confirmation. We shall inform you of the identity of the actual carrier(s) as soon as we become aware of it.  The latest flight timings will be shown on your tickets which will be despatched to you approximately two weeks before departure.  You should check your Travel documents and flight reservation very carefully immediately on receipt to ensure you have the correct flight times.  If flight times change after tickets have been dispatched, we will contact you as soon as we can to let you know.
Please note the existence of a “UK Air Safety list” (available for inspection at https://www.caa.co.uk/commercial-industry/airlines/licensing/requirements-and-guidance/third-country-operator-certificates/) detailing air carriers that are subject to an operating ban with the EU Community.

Our website and advertising material is our responsibility, as your tour operator. It is not issued on behalf of and does not commit the airlines mentioned herein or any airline whose services are used in the course of your travel arrangements.

23. Safety standards

Please note, it is the requirements and standards of the country in which any services which make up your holiday are provided which apply to those services and not those of the UK. As a general rule, these requirements and standards will not be the same as the UK and may sometimes be lower.

24. Prompt Assistance

If, whilst you are on holiday, you find yourself in difficulty for any reason, we will offer you such prompt assistance as is appropriate in the circumstances. In particular, we will provide you with appropriate information on health services, local authorities, consular assistance and assistance with distance communications and finding alternative travel arrangements. Where you require assistance, which is not owing to any failure by us, our employees or sub-contractors, we will not be liable for the costs of any alternative travel arrangements or other such assistance you require. Any supplier, airline or other transport supplier may however pay for or provide refreshments and/or appropriate accommodation and you should make a claim directly to them. Subject to the other terms of these Booking Conditions, we will not be liable for any costs, fees or charges you incur in the above circumstances, if you fail to obtain our prior authorisation before making your own travel arrangements. Furthermore, we reserve the right to charge you a fee for our assistance in the event that the difficulty is caused intentionally by you or a member of your party, or otherwise through your or your party’s negligence.

25. Jurisdiction and Applicable Law

These Booking Conditions and any agreement to which they apply are governed in all respects by English law. We both agree that any dispute, claim or other matter which arises between us out of or in connection with your contract or booking will be dealt with by the Courts of England and Wales only. You may however, choose the law and jurisdiction of Scotland or Northern Ireland if you live in those places and if you wish to do so.

26. Data Protection

The protection of your personal information or data is extremely important to us. In order to respond to an enquiry, process and fulfil your booking or send you a brochure or other promotional material, we need to collect personal data from you. We will only process your personal data in accordance with our Privacy Policy for or in connection with the purpose for which you have provided it (for example, arranging your holiday) or as you have consented to our using it (for example, to send you marketing material) or as permitted by data protection laws. Our Privacy Policy can be found here. Please read our Privacy Policy for full details. You and your personal data will be protected by the EU General Data Protection Regulation as retained in the UK by the Data Protection, Privacy and Electronic Communications (Amendments etc)(EU Exit) Regulations 2020 (which is otherwise known as UK GDPR) and the Data Protection Act 2018.

We refer to this legislation as data protection laws. Scuba Travel is a data controller of your personal data. We take appropriate technical and organisational measures to protect against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data, which is appropriate to the harm that might result. Your personal data will be retained by us for the period referred to in our Privacy Policy.

You may ask us what personal data of yours is being held or processed, for what purpose and to whom it may be or has been disclosed. You may also withdraw your consent to receiving marketing material or other communications from us at any time by unsubscribing to our e-mails or otherwise contacting us. Please also let us know if you believe the personal data we are holding is inaccurate, out of date or incomplete. You if you have any questions about this you may contact us by e-mail operations@scubatravel.com.

27. Covid-19

This clause sets out our policy in relation to the coronavirus (Covid-19) and any other mutations or variations of Covid-19 or any other epidemic or pandemic event which may affect your holiday.

In the event of a positive Covid-19 test result pre-departure which prevents you from taking part in your holiday, you are required to have insurance in place to cover this and you will be directed to your insurer. Please see clause 7 (Insurance) above.

In the event you or a member of your party or another traveller (including anybody who is staying in your accommodation or allocated to the same diving boat as you or your party) tests positive for Covid-19 whilst you are on holiday and this prevents you from taking part in the holiday or means that you need to quarantine, you are required to have insurance in place to cover this and you will be directed to your insurer. Please see clause 7 (Insurance) above.

If you are required to spend additional time in your destination due to local or national government quarantine requirements, or are prevented from travelling home, Scuba Travel’s obligations to you will be limited to providing 3 nights’ accommodation, under clause 14(8) above, if that clause is applicable to your circumstances. You must ensure that you have appropriate travel insurance which will apply in this circumstance.


THESE TERMS AND CONDITIONS WERE UPDATED  July 2023