Bookings Terms and Conditions
NON UK and NON EU Residents
Please read the terms carefully as they set out our respective rights and obligations. In these Booking Conditions references to “you,” “your,” and “client” 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;
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; and
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 vacation 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 Section 3), we will, subject to availability, confirm your vacation by issuing a confirmation invoice. We reserve the right to return your deposit and decline to issue a confirmation invoice at our absolute discretion with or without reason.
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 after 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 may be liable for any change fees associated with the modification or change.
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 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 firstname.lastname@example.org.
2. Your contract
A binding contract between us comes into existence when we dispatch 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.
In order to confirm your chosen vacation, 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 vacation 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 Section 10 below will become payable.
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.
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 vacations at any time and correct errors in the prices of confirmed vacations. We also reserve the right to increase the price of confirmed vacations 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 vacation imposed by third parties not directly involved in the performance of the vacation, 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 vacation (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 vacation 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 with us. Should you decide to cancel for this reason, you must exercise your right to do so within seven (7) days from the issue date on your confirmation
Should the cost of your vacation go down due to the changes mentioned above, then any refund due will be paid to you less an administration fee of $50. 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 vacation within twenty (20) days of your departure nor will refunds be paid during this period.
All participant payments are to be made by credit card, debit card or direct bank transfer. Your transfer and/or payments are an acknowledgement and agreement to these terms and conditions including the cancellation terms. As such you agree not to make any improper chargebacks or payment disputes.
In certain cases, you can dispute charges with your payment provider, with your banking institution, or your credit card company (we will define them as "disputes” or “chargebacks", collectively “chargeback/s”). Before initiating a chargeback, we ask you first to call or email us to discuss any questions or concerns about our charges. We will work with you in attempting to resolve your concerns. By using our service to make a reservation, you accept and agree to our cancellation policy. We retain the right to dispute any chargeback that is improper and recover any costs, including attorney’s fees related to improper chargebacks. Additionally, in the event of an improper chargeback, we retain the right to cancel any travel reservation related to that improper chargeback. The following chargeback scenarios are improper, and we retain the right to investigate and rebut any such chargeback claims:
- Chargebacks resulting from non-cancellable reservations, whether or not the reservation is used.
- Chargebacks resulting from charges authorized by family, friends, associates or other third parties with direct access to your credit card. This does not include credit card fraud.
- Chargebacks arising from inconsistency or inaccuracy regarding the supplier’s product description.
- Chargebacks resulting from force majeure or other circumstances that are beyond the control of Scuba Travel or a Supplier or Suppliers.
- Chargebacks resulting because you do not agree with the cancellation policy.
8. COVID-19 Release of Liability
By booking a vacation at this time, you acknowledge the highly contagious nature of COVID-19 and voluntarily assume the risk for yourself that you may be exposed to or infected by COVID-19 by traveling and that such exposure or infection may result in personal injury, illness, permanent disability, and death even if such injuries or losses occur in a manner that is not foreseeable at the time you book your travel. You acknowledge that exposure to such viruses or disease is an inherent risk of traveling, which cannot be controlled or eliminated by us.
You acknowledge that due to the uncertainty of travel at this time, your vacation may be postponed or cancelled, or changes may be made to itineraries due to closures of certain sites or activities, for which there may be no refund. You may also be required to quarantine upon arrival in some locations. Some locations may require you to have a vaccination. You are responsible for understanding these requirements and must not rely on us to provide these details. You understand that you may become sick before, during, or after the vacation and may not be able to travel and such cancellation or interruption will be subject to our cancellation terms below, for which we will not be liable.
You agree that due to uncertainty caused by COVID-19, we require the purchase of travel protection coverage including cancel for any reason coverage if and when available, and that should you fail to purchase travel protection coverage, we shall not be liable to any losses howsoever arising.
You, and on behalf of your heirs, assigns, personal representatives and next of kin (The Releasors), HEREBY RELEASE, AND HOLD HARMLESS Scuba Travel, its members, officers, agents, and/or employees, suppliers, and other tour participants (RELEASEES), from and against any and all claims, damages, demands, losses, and liability arising out of or related in any way, in whole or in part to any POSTPONEMENT, CANCELLATION, CHANGES, INJURY, DISABILITY, DEATH OR ANY OTHER LOSS you may suffer due to exposure, infection, spread, closure, and travel restrictions related to COVID- 19, WHETHER ARISING FROM THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE, to the fullest extent permitted by law. The terms of this HOLD HARMLESS AND RELEASE OF ALL LIABILITY paragraph, shall survive any termination or cancellation of this contract, whether by operation of law or otherwise.
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 always remains your sole responsibility to ensure that you are adequately insured for your particular needs and the type of vacation 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 vacation b) testing positive for COVID-19 or somebody else in your accommodation or on your boat/itinerary testing positive for COVID-19 while on vacation which prevents you from participating in your vacation c) testing positive for COVID-19 whilst on vacation 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 vacation, as some policies may not cover certain activities that will be part of your trip. Therefore, you must check the small print or meet with a knowledgeable insurance agent before purchasing an insurance policy and take the policy and policy details with you on vacation.
If you choose to travel without adequate insurance cover, neither we nor the Supplier(s)/Principal(s) 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 coverage.
10. Cutting your vacation short
If you elect to cut short your vacation and return home early for whatever reason, we will not offer you any refund for any, or part of your vacation 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.
11. Changes or transferring your booking
Should you wish to make any changes to your confirmed vacation, you must notify us in writing as soon as possible. This should be done by the first named person on the booking, or your travel agent. While we will endeavour to assist, we cannot guarantee we will be able to meet any such requests. Where we can, an amendment fee of $100 for all Red Sea vacations and non-Red Sea vacations per person/per booking will be payable together with any costs incurred by us 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 Section 12.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 as confirmed;
- we are notified not less than 7 days before departure;
- you pay any outstanding balance payment, an administration fee of $100 for Red Sea vacations, or $100 for all non-Red Sea vacations 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 Vacation 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.
12. If you cancel your booking before departure
Should you or any member of your party need to cancel your chosen vacation, or you are dis-inclined 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 located at: 303 Ballards Lane, London, England, N12 8NPor. You may instead choose to email your written notice to: email@example.com. Your electronic written notice will become effective upon confirmation of receipt by us.
In order to secure your vacation, we will pay suppliers of flights, accommodation, diving packages, and transfers (as applicable) in advance of your travel. In processing your vacation booking, we also incur administration costs. Deposits, interim payments and final balances are non-refundable as they represent these costs in delivering your planned vacation, paid by us in good faith of your intent to travel. If our suppliers are unable to re-fill these places, in particular on short notice, after your balance is due, then their charges to us will typically be 100% loss and will result in a 100% cancellation fee for you.
On the rare occasion we are able to resell your vacation, we may be able to make a partial refund of payments lost at cancellation. This would be minus any costs incurred, administration fees and would take into account any discounts that had to be offered to refill your vacation 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 vacation, and special cancellation terms will be included with your confirmation invoice. These special cancellation terms will supersede these booking terms and conditions as it relates to cancellations.
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. Should one or more member of a party cancel, it may increase the per person vacation price of those still travelling, and you will be liable to pay this increase.
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.)
13. If we change or cancel your vacation
We start planning the vacations 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. While we always endeavour to avoid changes and cancellations, we 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 vacation, 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 vacation. 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 departure airport, if that change is more than 50 miles from the original departure airport.
- A significant change to your itinerary, missing one or more destination entirely. (Unless due to permissions or changes in local laws or restrictions)
Cancellation: We will not cancel your vacation less than 56 days before your departure date, except for reasons of force majeure (see clause 14) or failure by you to pay the final balance. We may cancel your vacation 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 inform 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:
a) Confirming the proposed changes (with updated pricing, if applicable);
b) Substitute a comparable package; or
c) Cancel your vacation and receipt of a refund, subject to cancellation conditions as set forth in Section 14 below.
We will give you a reasonable period of time to either accept the proposed changes or to terminate. Typically, this is considered to be seven (7) calendar days.
If we do not hear from you within seven (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 (if applicable), no later than 14 days after the contract is terminated.
Insurance Premiums Paid
If we cancel or make a Significant Change and you accept a refund, we shall not be liable to compensate you or provide any refund for any insurance premiums paid for your vacation. Please contact your travel insurance provider to submit a claim.
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
56 – 14 days
Less than 14 days
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 confirmed arrangements due to Force Majeure (see clause 14).
If we become unable to provide a significant portion 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 and/or refund.
14. Force Majeure
Except where otherwise expressly stated in these Booking Conditions, we regret we cannot accept liability for any loss, damage, delay, cancellation or pay any compensation if our contractual obligations to you are affected by an Act of God or any other Force Majeure condition, 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, but are not limited to, warfare (whether officially declared or not) and acts of terrorism (and threat thereof), civil strife, insurrection, riots or civil commissions or disturbances, sabotage, arrests, strikes or labor disputes, 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, quarantine restrictions, or natural disasters such as floods, earthquakes, volcanic eruption, hurricane, tropical storms, typhoons, environmental pollution or contamination, or inclement weather conditions and/or low or high water levels 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, damages to facilities, and all similar events outside our or the supplier(s) control. In the circumstances amounting to force majeure, we will not be required to refund any money to you, although if we recover monies from our supplier(s), we will refund these to you without any cancellation charge by us.
We, and our employees, owners, agents, and representatives use third party suppliers to arrange all details for your vacation. We are not employees, agents, or representatives of any of the suppliers. We do not own, manage, operate, supervise, or control any transportation, vehicle, airplane, hotel or restaurant, or any other entity that supplies services related to your vacation. All suppliers are independent contractors and are not agents or employees or representatives of us.
All tickets, receipts, coupons, and vouchers are issued subject to the terms and conditions specified by each supplier, and by accepting the coupons, vouchers, and tickets, or utilizing the services, you and those traveling with you agree that neither we, nor our employees, owners, agents, or representatives are or may be liable for any loss, injury, or damage to you or any tour participant or for any personal belongings, or otherwise, in connection with any service supplied or not supplied resulting directly or indirectly from any occurrence beyond our control. Copies of the relevant parts of these terms and conditions are available on request from us or the supplier concerned. We assume no responsibility or liability for any delay, change in schedule, loss, injury or damage or loss that may result from any act or omission on the part of others; we assume no responsibility or liability for personal property; and we shall be relieved of any obligations under these terms and conditions in the event any Act of God, Force Majeure event (as outlined in section 14), medical or customs or immigration delay, or cancellation. We accept no responsibility for lost or stolen items. We reserve the right to refuse any individual who desires to book a vacation with us at our sole discretion, and without reason.
16. Your Responsibility
It is your responsibility to ensure that you and everyone travelling with you have valid passports, appropriate visas, test results and vaccinations (if applicable) to your vacation. 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. You should consult with government websites to ensure that you are in compliance with all requirements for admittance into that country, including COVID-19 requirements, as well as understanding local laws that govern travel within a country, such as testing and tracking, if applicable. You should confirm these with the Foreign Commonwealth and Development Office at https://www.gov.uk/foreign-travel-advice and the relevant health authorities in your country of destination.
You acknowledge any failure to strictly comply with these requirements may result in denied boarding or undue relay at an airport security checkpoint causing you and/or your party to miss flight(s), and subsequent scheduled arrangements. We bear no responsibility for advising and/or obtaining required travel documentation for you, or for any delays, damages, and/or losses including missed portions of your vacation related to improper documentation or government decisions about entry.
You are responsible for ensuring that any existing medical conditions or disabilities which may require assistance are declared to us before you book your vacation 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.
Travel to certain destinations may involve greater risk than others. We urge you and your party to remain informed daily as to current news, as well as to review travel prohibitions, warnings, announcements and advisories issued by the United Kingdom prior to booking travel to international destinations. Information on conditions in various countries and the level of risk associated with travel to particular international destinations can be found at https://www.gov.uk/foreign-travel-advice.
It is not our responsibility to ensure that you or your travel party 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 immediately at the time requested 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 vacation 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.
17. 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 while on vacation 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 vacation, 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 vacation. 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 vacation and/or diving. In this case neither we nor the Dive Guide/Instructor or other applicable dive supplier shall 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 vacation.
Please note: Diving activities carry inherent risks. You must always behave in a fit and proper manner 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 release 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 us or the dive supplier concerned.
18. Assumption of Risk/ Waiver & Release of Liability
You and your party are aware that traveling in such areas as set forth in your itinerary for your vacation may involve inherent risks to your health and safety, some in remote areas of the world. Inherent risks include, but are not limited to, risk of injury or death from: motor vehicles collisions, animals, roadway hazards, slips, and falls, criminal or terrorist acts, government actions, high altitudes, consumption of alcoholic beverages, tainted food, or non-potable water; exposure to the elements, including heat, cold, sun, water, and wind; drowning; your own negligence and/or the negligence of others, including tour guides, other participants, Scuba Travel and our owners, employees, agents and/or representatives; attack by or encounter with insects, reptiles, sharks, and/or animals; accidents or illness occurring in remote places where there are no available medical services; fatigue, chill, overheating, and/or dizziness; known or unknown medical conditions, physical excursion for which you are not prepared or other such accidents; the negligence or lack of adequate training of any third-party providers who seek to assist with medical or other help either before or after injuries have occurred; accident or illness without access to means of rapid evacuation or availability of medical supplies or services; and the adequacy of medical attention once provided. You acknowledge that the degree and nature of personal risk involved depends on the products or services booked and the location(s) in which a product or service operates, and that there may be a significant degree of personal risk involved in participating, particularly participating in physical activities, travel to remote locations, carriage by aircraft or watercraft, or travel to a country with developing infrastructure. Standards of hygiene, medical care, accommodation, and transport in the country where your vacation is taking place are often lower than the standards you may reasonably expect in your home country or region.
You understand the description of these risks, is not complete and that unknown or unanticipated risks may result in injury, illness, or death. You are willing to accept the risks and uncertainty involved as being an integral part of travel, including the risk of infection, illness, and death. You hereby accept and assume full responsibility for any and all risks and agrees to and shall hold harmless and fully release Scuba Travel from any and all claims associated with your vacation, including any claims of third-party negligence and/or the negligence of Scuba Travel and you hereby covenant not to sue Scuba Travel for any such claims or join any lawsuit or action that is suing Scuba Travel. You waive any and all claims that you have, or may in the future have and release from all liability and agree not to sue, Scuba Travel, its agents, owners, suppliers, or affiliates for any personal injury (including mental distress or trauma), illness (including exposure to diseases, epidemics or pandemics), death, property damage, quarantine or other loss that you may sustain during or as a result of your travel due to any cause whatsoever on the part of Scuba Travel or others, including: negligence – including the failure to use such care as a reasonably prudent and careful person would do in the circumstances and failure to meet reasonable standards of care; breach of any other duty imposed by law; breach of contract; and mistakes or errors in judgment of any kind. This agreement also binds your heirs, legal representatives and assigns. The terms of this ASSUMPTION OF RISK/WAIVER AND RELEASE OF LIABILITY paragraph, shall survive any termination or cancellation of this Agreement, whether by operation of law or otherwise.
You agree to and shall indemnify and hold harmless Scuba Travel, and each of our officers, owners, directors, employees and agents (collectively “Scuba Travel”), from any expenses, losses, liabilities (of any type), damages, judgments, demands, settlements and costs (collectively, “damages”) involved with or incurred by Scuba Travel (including, without limitation, reasonable attorneys’ fees and the advancement of same) with respect to any claims, law suits, arbitrations, or other causes of action, which result, directly or indirectly, from: (i) participant’s breach or violation, or threatened breach or violation of this Agreement; and (ii) Any damage caused by participant while participating on any vacation.
20. Pre-Existing Medical Conditions/ Persons with Disabilities
Due to the nature of many of the destinations we travel to means that it may be unsuitable for those who use a wheelchair or have a lack of mobility or have pre-existing conditions that would impair them from participating in any of the activities while on vacation. Further, some accommodations may not be adequately accessible for those with certain disabilities.
It is essential that you advise us before booking if you do have any disability or pre-existing medical condition which may affect your ability to participate or travel or if you have any special requirements as a result of any disability or medical condition (including any which affect the booking process) so that we can assist you in considering the suitability of the arrangements and/or in making the booking. Please note that accommodations outside of the United States of America and the United Kingdom may not be in compliance with the Americans with Disabilities Act and may not have wheelchair accessibility.
Additionally, our suppliers are, unfortunately, unable to offer additional assistance to participants with limited mobility and all such assistance will need to be provided by whoever the participant is traveling with. Travelers with disabilities must notify us at the time of booking of status and of the identity of their non-discounted, paid travel companion who will be responsible for providing all necessary assistance.
If you or someone in your party has any food allergies, please provide us with proper notice of said allergy. While we and our supplier(s) may attempt to modify your accommodations to prevent cross-contamination or direct exposure to any food allergens, we, and our supplier(s) cannot guarantee and shall not be held liable for any incidents, medical emergencies, or indirect or direct losses resulting from any exposure.
21. If you have a complaint
In the unlikely event that you have any reason to complain or experience any problems with your vacation while on the tour, 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; Emergency Hours (emergency only): +44 (0)7747 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 firstname.lastname@example.org within 28 days of your return to the US or UK by 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.
22. Excursions, activities and other information
The information contained in our information sheets and on our website are 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 vacation) 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.
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.
23. Entry, Passports, Visa and Immigration Requirements & Health Formalities
It is your responsibility to check and fulfil the entry, passport, visa, health, inoculations, COVID-19 testing, immigration requirements and all other documents required by applicable government regulations (as set forth in Section 15). For up-to-date requirements US citizens should visit www.travel.state.gov. When travelling domestically within the USA or internationally, the U.S. Transportation Security Administration (TSA) and U.S. Department of Homeland Security (DHS) advise that everyone carry at least two forms of acceptable identification in order to board a flight, found here: http://www.tsa.gov/participant-information/acceptable-ids. We strongly recommend that you consider that certain countries will not admit a passenger if their passport expires within six (6) months of the date of entry. Non-USA citizens may require additional documentation. Children and infants also require all such travel documents. Minors traveling with one parent, and/or without both parents, may be stopped and not admitted, unless authenticated and verified consent forms are provided to the authorities.
You acknowledge and agree to follow and abide by any and all local and national laws and regulations for any country you visit while on vacation with us. While all local and national laws and regulations are important to follow, we strictly encourage you to be informed concerning the use and/or possession of drugs in particular. There will be no tolerance for any use or possession of any drug and your failure to strictly comply with this requirement will result in a breach of this Agreement and may prevent you from your continued participation in the tour. It is your responsibility to check which prescription drugs need to be accompanied by a doctor’s note and/or prescriptions.
You acknowledge any failure to strictly comply with these requirements may result in denied boarding or an undue delay at an airport security checkpoint causing participant to miss flight(s), and subsequent vacation. We bear no responsibility for advising and/or obtaining required travel documentation for you, or for any delays, damages, and/or losses including missed portions of your vacation related to improper documentation or government decisions about entry.
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. Up to date travel advice can be obtained from the Foreign, Commonwealth and Development Office, visit https://www.gov.uk/travelaware.
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.
24. Delays, Missed Transport Arrangements and other Travel Information
Refunds and/or compensation from the airline in cases of denied boarding, cancellation or delay to flights are subject to the air carrier’s terms and conditions. Reimbursement in such cases is the responsibility of the airline and will not automatically entitle you to a refund of your vacation price from us.
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 upon receipt to ensure you have the correct flight times. It is your responsibility to monitor changes to your flight times and gate after tickets have been dispatched.
25. Insecticide Notice
You are encouraged to check the list of countries that require airlines to treat the passenger cabin with insecticides prior to the flight or while on the aircraft on the U.S. Department of Transportation’s Web site, as this list is updated from time to time: http://www.dot.gov/office-policy/aviation-policy/aircraft-disinsection-requirements.
26. No Guarantees
We make no guarantees that you will be able to witness certain marine life behavior and/or sightings while on your vacation. Additionally, we make no guarantee that you’ll be able to obtain scuba certification (if applicable) while on your vacation with us. While every reasonable effort will be made to provide opportunities to witness certain marine life this may be compromised by daily activities, acts of God, and travel schedules.
27. Safety standards
Please note, it is the requirements and standards of the country in which any services which make up your vacation are provided which apply to those services and not those of the UK or the US. As a general rule, these requirements and standards will not be the same as the UK and US and may sometimes be lower.
28. Prompt Assistance
If, while you are on vacation, 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 suppliers, 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 authorization 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.
29. Jurisdiction and Applicable Law
These Booking Conditions and any agreement to which they apply are governed in all respects and the rights of the parties hereunder shall be governed by and construed in accordance with the laws of the United Kingdom exclusive of conflict or choice of law rules. The parties agree that any dispute, claim or other matter which arises between the parties of or in connection with this contract or booking shall be brought in a court of competent jurisdiction located in the Courts of England and Wales only and under the law of England and Wales.
30. Class Action Wavier/ Limitation of Damages and Notice of Claim
You agree that you will only bring claims against Scuba Travel in your individual capacity and not as a plaintiff or class member in any purported class action or representative proceeding. We shall not in any case be liable for any claims or damages other than compensatory damages. Your payment of a deposit for a vacation means that you agree to these conditions of sale and expressly waive any right to punitive damages. You understand and agree that no claims will be considered and that you will not bring suit against Scuba Travel unless you have first provided a typewritten notice of claim as described in Section 21 to Scuba Travel within thirty (30) days after your travel or cancellation of your vacation.
31. Entire Agreement & Severability
These Booking Terms and Conditions, including any other documents, and invoices, we provide to you, constitutes the entire agreement and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, with respect to Scuba Travel. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
32. Data Protection
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 email@example.com.
THESE TERMS AND CONDITIONS WERE UPDATED JUNE, 2023.