Terms and Conditions
This page (together with the documents referred to on it) tells you the terms and conditions on which we supply all of the diving holiday packages (“Holidays”) listed on our website: divesafariasia.com (“our site”) to you. Please read these terms and conditions carefully before you make a booking through our site. You should understand that by making a booking for one of our Holidays, you agree to be bound by these terms and conditions.
You should print a copy of these terms and conditions for future reference.
Please click on the button marked “I Accept” at the end of these terms and conditions if you accept them. Please understand that if you refuse to accept these terms and conditions, you will not be able to book a Holiday through our site.
1. Information about us
1.1 divesafariasia.com is a site operated by Sarah Kemsley and Benjamin Stokes trading together in partnersip as “Dive Safari Asia” (“we”). Our main trading address is at 4 Kirkhams Close, Yelvertoft,Northampton,NN6 6AB.
2. Your status
By making a booking through our site, you warrant that:
(a) You are legally capable of entering into binding contracts; and
(b) You are at least 18 years old;
3. Your holiday contract
3.1 When you make a booking, you will receive an e-mail from us acknowledging that we have received your completed online booking form. Please note that this does not mean that your booking has been accepted. We will then check availability and e-mail you to confirm the position. We will normally hold a provisional booking for 7 days. We will require a deposit or if booking is less than 8 weeks before departure full payment of the holiday price and any insurance premiums. We will then send an e-mail confirming your booking (“the Booking Confirmation”). The Contract between us (“Contract”) will only be formed when we send you the Booking Confirmation.
4. YOUR RIGHT TO CANCEL
4.1 If you are contracting as a consumer, you may cancel the Contract at any time within seven working days, beginning on the day after you received the Booking Confirmation. In this case, you will receive a full refund of the deposit or the full price paid for the Holiday in accordance with our refunds policy (set out in clause 5.2 below). To cancel the Contract, you must inform us by e-mail to info@divesafariasia.com.
4.2 You may cancel your holiday at any time after the seven working days referred to above provided you do so in writing as set out in clause 5.1 above. We will be entitled to retain your deposit and, in addition, we will apply the following cancellation charges which are calculated as a percentage of the entire holiday cost up to the maximum shown below:
|
Number of Days before Departure Date |
Deposit Forfeited |
| 56 days or more | Loss of Deposit |
| 56 days to 28 days | 50% of total price |
| 28 days or less | 100% |
4.3 If you cancel the Holiday Booking regardless of the holiday value, the minimum cancellation fee will be £200.00per person. Unfortunately, insurance premiums are not normally refundable in the event of cancellation although you may be able to reclaim the cancellation charges under your insurance if the reason for your cancellation is covered.]
5. Your right to change your booking
5.1 If, after we have issued your Booking Confirmation, you wish to change or add to yourHolidaypackage in any way, we will try to assist but it may not always be possible. Any requests for changes to be made must be in writing, e-mailed to: info@divesafariasia.com. Where we are able to make an amendment, a fee of £50.00 per booking per amendment will be charged together with any further costs we incurred in making the alteration.
5.2 We will not be able to provide a refund or compensation for any unused accommodation or any unused service or feature of theHolidaypackage, nor will you be able to exchange those unused features for any others if you change, cancel or shorten your holiday.
6. Our right to change or cancel your booking
6.1 We reserve the right to make changes to yourHolidaybooking and to the packages described on our website at any time both before and after we have issued you with a booking confirmation. Most changes will be minor ones. Occasionally it is necessary to make a significant change perhaps because one of the Holiday destinations has become unsafe and the Foreign Office have advised against travel. There may be other reasons. If we have to make a major change to your booking, for example, a significant change of resort or a change of accommodation to that of a lower category, we will inform you as soon as possible and you will then have the following choices:
(1) to accept the alternative we will offer you;
(2) to choose anotherHolidaypackage from our website; or
(3) to cancel and receive a full refund of all monies paid to us.
6.2 Occasionally, we may have to cancel yourHolidaybooking. Where we are unable to provide the Holiday booked, we will return to you all monies paid or offer you an alternative holiday of compable standard.
7. Diving requirements
8.1 Most of our Holidays will require the participants to have minimum diving qualifications. We reserve the right to stop you from diving if, in our complete discretion, we are not satisfied with your diving qualification or if you are ill, under the influence of drugs or alcohol or if, for any reason, we feel that the diving activity proposed would pose a threat to yourself or other divers.
8.2 We will require you to sign a waiver to clarify your fitness to dive. If you are unsure for any reason about your fitness to dive we suggest you contact your GP before you make aHolidaybooking.
8.3 By completing a booking form for one of our Holidays, you confirm to us that you already have the minimum qualification level required (which is made clear in the Information Pack for eachHoliday). You must show evidence of your qualifications on arrival at the holiday destination before any activities can take place. Unfortunately, we cannot allow you to dive if you cannot provide us with proof of your diving qualifications. If you are unsure about this please contact us before making a booking.
8. Pprice and payment
8.1 The price of any Holidays will be as quoted on our site from time to time, except in cases of obvious error.
8.2 We do not charge VAT on the price of our Holidays.
8.3 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Booking Confirmation.
8.4 Payment for all Holidays must be by credit or debit card. We accept payment with [LIST OF CREDIT AND DEBIT CARDS]. We will not charge your credit or debit card until we have sent you a Booking Confirmation.
9. Our liability
9.1 We accept responsibility for ensuring that yourHolidaytravel arrangements with us are supplied as described on this site. If any part of your travel arrangements are not provided as promised due to the fault of our employees’ agents or subcontractors, we agree to pay you appropriate compensation if this has affected the enjoyment of yourHoliday. However, we may not be liable for events outside our control (please see clause 19).
9.2 Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to a maximum of [twice the value of the original travel arrangement costs]. This does not include or limit in any way our liability:
(a) for death or personal injury caused by our negligence; or
(b) under Section 2.3 of the Consumer Protection Act 1987; or
(c) for fraud or fraudulent misrepresentation; or
(d) for any matter for which it would be illegal for us to exclude or attempt to exclude our liability.
9.3 In respect of travel by air, sea or rail and the provision of accommodation, compensation in all cases will be limited in the manner provided by the relevant international conventions and the conditions of carriage of any carrier, copy of the conventions and the conditions of carriage of the relevant carrier are available from our office on request.
10. If you have a complaint
10.1 If you have a problem during your holiday, please inform our local representative immediately who will try to put things right. If your complaint is not resolved locally, please follow this up within 28 days of your return home by writing to us at: Dive Safari Asia, 4 Kirkhams Close, Yelvertoft,Northampton,NN6 6ABor by e-mail to: [ ]@divesafariasia.com. Please provide your booking reference and all other relevant information.
10.2 We strongly advise you to communicate any complaint to the local supplier of your services in question as well as to our representative without delay whilst you are in the resort.
10.3 If you fail to follow this simple procedure, we will have been deprived of the opportunity to investigate and put things right whilst you are in the resort and this may affect your rights under this Contract to us for compensation.
11. Insurance
11.1 It is a condition of booking aHolidaythat you have taken out adequate insurance against such risks as medical costs, personal accident risks, personal liability and legal expenses. You are especially advised to insure against cancellation and loss of deposit. You must ensure that your policy has an endorsement for scuba diving.
11.2 We will require you to produce evidence of your policy before we e-mail your booking confirmation to you, together with confirmation from your insurers that you have paid the premium.
12.3 All our diving instructors carry insurance in respect of death or personal injury occurring during supervised sessions.
12. Travel documents
We will advise you on what travel and health formalities may be required for yourHoliday. However, it is your responsibility to ensure that all necessary travel documents, such as passports, visas and diving qualifications are obtained and are valid.
13. OTHER PEOPLE’S WEBSITES
We may provide links on our site to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking, that products or services you purchase from third party sellers through our site, or from companies to whose website we have provided a link on our site, will be of satisfactory quality, and any such warranties are DISCLAIMED by us absolutely. This DISCLAIMER does not affect your statutory rights against the third party seller. We will notify you when a third party is involved in a transaction, and we may disclose your customer information related to that transaction to the third party seller.
14. Written communications
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
15. Notices
All notices given by you to us must be given to Sarah Kemsley at 4 Kirkhams Close, Yelvertoft,Northampton,NN6 6ABor by e-mail to info@divesafariasia.com. We may give notice to you at either the e-mail or postal address you provide to us when placing an order or in any of the ways specified. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail that such e-mail was sent to the specified e-mail address of the addressee.
16. Transfer of rights and obligations
16.1 The Contract between you and us is binding on you and us and on our respective successors and assigns.
16.2 You may not transfer, assign, charge or otherwise dispose of the Contract, or any of your rights or obligations arising under it, without our prior written consent.
16.3 We may transfer, assign, charge, sub-contract or otherwise dispose of the Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
17. Events outside our control
17.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by events outside our reasonable control (Force Majeure Event).
17.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
(a) Strikes, lock-outs or other industrial action.
(b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
(c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
(d) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
(e) Impossibility of the use of public or private telecommunications networks.
(f) The acts, decrees, legislation, regulations or restrictions of any government.
17.3 Our performance under any contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
18. Waiver
18.1 If we fail, at any time during the term of the Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
18.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
18.3 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 14 (www.practicallaw.com/A above.
19. Severability
If any of these Terms and Conditions or any provisions of the Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
20. Entire agreement
20.1 These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
20.2 We each acknowledge that, in entering into the Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such contract except as expressly stated in these terms and conditions.
20.3 We intend to rely upon these terms and conditions and any document expressly referred to in them in relation to the subject matter of any contract. While we accept responsibility for statements and representations made by our duly authorised agents, please make sure you ask for any variations from these terms and conditions to be confirmed in writing.
21. Our right to vary these terms and conditions
21.1 We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities.
21.2 You will be subject to the policies and terms and conditions in force at the time that you make your Holiday booking, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority, or if we notify you of the change to those policies or these terms and conditions before we send you the Booking Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Booking Confirmation).
22. Law and jurisdiction
Your Contract with Dive Safari Asia will be governed by English law. Any dispute arising from, or related to, such contracts shall be subject to the non-exclusive jurisdiction of the courts ofEnglandandWales.
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