1. Booking Your Holiday and Subsequent Payment
Once you have chosen your holiday/travel solution, you can make a reservation/booking. Ultimate Diving will collect payment in line with our booking conditions. These do vary. If traveling in less than 12 weeks the full amount will be collected. Otherwise a deposit in line with our bookings conditions will be collected and the balance will be due by the date shown on your booking confirmation. We will confirm your chosen arrangements and acknowledge your payment by sending you a confirmation of your booking by email to the address you supply. Please check this confirmation together with all other documents sent to you to ensure they match the original booking. If you have any queries, contact our customer services team immediately.
1.1 Availability
Some flight products require us to make a re-confirmation with our supplier once your reservation\booking has been placed. In the event of the product has become unavailable your card will not be charged. Should the price of the product change between your reservation being placed and booking confirmed you will be contacted within 3 working hours with an alternative product or to confirm your refund. This is very rare, however, due to some supplier’s data being up to 5 hours out of date it is possible the product may have sold out or the price changed.
2. Your Contract
A binding contract between you (the consumer) and us (Ultimate Diving) will come into existence when we accept your offer for us to provide holiday/travel solutions. These booking conditions form the basis of that contract. These conditions may not be varied by you or us (unless we are updating our booking conditions from time to time). Your contract is governed by English law and is subject to the jurisdiction of the Courts of England and Wales only.
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3. Prices
The prices in this website are calculated on the basis of air fares and other known costs as at the costing date and the exchange rates at any particular time (estimate shown below). It is our policy to keep to our prices up to date and correct. However, we must reserve the right to increase/change the price at any time before your chosen arrangements are confirmed. You will be given the correct price at the time of booking. Once your booking has been confirmed, we will only issue surcharge in exceptional circumstances such as a result of government action, adverse exchange rate fluctuation or fuel prices increase which would result in increased costs to Ultimate Diving. Even in this case, we will absorb an amount equivalent to 2% of the price of your chosen holiday excluding insurance premiums and any amendment charges. Only amounts in excess of this 2% will be surcharged. If a surcharge is applied and you are required to pay more than 10% of the holiday/travel solution value, you will be entitled to cancel your holiday with a full refund except for any insurance premiums and amendment charges. Should you decide to cancel because of this, you must exercise your right to do so within 3 working days of the issue date printed on the invoice. No surcharges will be levied less than 28 days before departure.
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4. Amendment by You
If you need/want to make any changes to your booking after it has been confirmed, please advise us as soon as possible in writing or by email to info@ultimatediving.co.uk. We will endeavor to assist although we cannot guarantee that all requests for amendment can always be met. Where an amendment can be made, a fee of £20 per person affected will be charged together with any costs or charges incurred by us or levied by our partners/suppliers. An amendment constitutes a change to the existing booking. A request to transfer to another holiday or to other arrangements will be treated as a cancellation incurring the cancellation fees set out in clause 5 unless we can do this at no cost to ourselves when only the administration fee will be charged. Where you or a member of your party is prevented from traveling (e.g. as a result of personal illness/injury, the serious illness or injury of a close family relative, jury service or unavoidable work commitments) the person concerned may cancel their booking on our receipt of reasonable evidence for the cancellation and contact their travel insurance company. If this is within a short period (less than 12 weeks to departure) this will be escalated to the management team of Ultimate Diving. This is due to payments be made in advance for your flight and accommodation, which will not be refunded by our suppliers. We advise you take out reasonable insurance to ensure any unforeseen instances are well covered. Ultimate Diving will make every effort to reduce any cost to you in this instance
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5. Cancellation by You
You have an option to cancel your holiday, which must be exercised in writing. The fees for the exercise of this option are shown below. Notice of exercise, of your option to cancel should be sent to us by Recorded Delivery to the address shown on our letterhead. No refunds can be made for any part or parts of any holiday, tour, excursions or other arrangements cancelled on or after your scheduled departure date or not utilised by you. The period before departure within which written notification of cancellation is received by us and the applicable fees:
More than 100 days - a sum equal to deposit paid
100 to 56 days 70% of total cost
55 days to 31 day 90% of total cost
31 days or less 100% of total cost
Total cost means the total cost of the cancelled arrangements excluding insurance premiums and any amendment charges which are non refundable in the event of your cancellation. Depending on the reason for your cancellation, you may be able to claim a refund of the above fees from your travel insurance company. However, if a valid reason is given we will endeavor to reduce the cost to you to the cost to us, minus a 20 amendment fee. See clause 4 for valid reasons. Ultimate Diving will refund any money we are available to claim back from our suppliers for deposits paid.
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6. Changes by Us
We reserve the right to make changes to your booked arrangements and our advertising material at any time both before and after bookings have been confirmed. Most changes will be minor ones. Occasionally, it is necessary to make a significant change. A significant change is one made before departure involving a change of outward or return international flight time by 48 hours or more, a change of UK departure airport to one which is more inconvenient for you (except as between Heathrow and Gatwick and vice versa). A change of accommodation for the whole or a significant part of the holiday to that of a lower standard or is lacking important advertised features or is located in a different area. Please note that many flights are now non-refundable even in the event of a change made by the airline and would not be considered a significant change. It is unfortunate that from time to time airlines make schedule changes affecting our holidays.
In the case of diving tours (courses & daily diving) would be a change of diving centre or deletion of a major part of the itinerary, where we have arranged your holiday for a specific purpose, diving may not be possible due to weather conditions for which we have no control. In this event Ultimate Diving will review each case and where possible offer credit days diving.
All other changes are treated as minor changes. Where known, minor changes will be shown on your final itinerary which will be sent to you with your travel documents approximately two weeks before departure. In the event of a significant change, we will advise you as soon as possible and give you the choice of: - (a) accepting the changed arrangements as notified to you; or (b) purchasing different arrangements from us, of at least the same standard if available (with you paying or receiving a refund in respect of a price difference); or (c) canceling your arrangements and receiving a refund of all monies paid to us less any supplier costs incurred.
Liveaboards and Liveaboard Holidays
A liveaboard holiday is a holiday which includes as part of or in whole a liveaboard trip. Due to the nature of these types of trips they do not always sail and the supplier may cancel the trip at late notice. When flights have been already booked these are considered non-refundable and non-changeable unless Ultimate Diving can change/cancel the flights for free, which in a modern travel industry is not often. If changes are requested the customer is responsible for the cost of changes.
This is not considered a significant change to your itinerary as we do not have control of liveaboard suppliers. We treat each booking with caution and will note on the enquiry/booking confirmation the trip is a confirmed sail or not a confirmed sail. Some confirmed sails are not notified until 2 weeks prior to departure. This is often the case with Emperor Divers. Most other liveaboards do sail on specified dates due to them being full a long time prior to sailing. You can see the number of places on either the boat or route page on our website. We can book just the liveaboard and take a deposit and book flights nearer the time when we have a confimed sail We advise to take out travel insurance to cover any loss of funds for these types of holidays.
Ultimate Diving will offer you other arrangements or a refund for the liveaboard cost of the trip if it does not sail unless it is for weather conditions which will be evaluated on a case by case basis. Where we get a credit from the supplier we will pass this to you for future use. We generally offer a hotel and diving centre as another option, any cost differences in holiday price are payable by the customer. We will offer this at a 5% discount to out list prices (this offer is not available with any offer or discount).
Ultimate Diving cannot be held responsible for any further financial loss due to the cancellation of a liveaboard trip.
Ultimate Diving will make any amendments for no administration charge as we know how annoying this is for our customers. If we have to make a significant change within 56 days of departure we will compensate you as shown below (providing we have received full payment from you) except where the change is made as a result of unusual and unforeseeable circumstances beyond our control, the consequences of which we could not have avoided even with all due care. Such circumstances may include those amounting to "force majeure" as set out in clause 9 below. Compensation is not payable in the case of minor changes. Minor changes further do not entitle you to cancel or change to another holiday without paying our normal charges. In all cases, our liability is limited to the payments set out in the scale below and we cannot be responsible for any costs or expenses you may incur as a result of any change.
Period before scheduled departure date within which a significant change is notified to you, and compensation per person.
More than 56 days - Nil,
56 to 43 days - 20.00,
42 to 29 days - 25.00,
28 to 15 days - 30.00,
14 days or less - 35.00
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7. Changes after Departure
After departure, our local agent has the right to make any changes to arrangements which they/we consider to be necessary or appropriate in the interests of the safety of any of our clients, employees or suppliers or to be beneficial to the operation of the arrangements or desirable to overcome weather, transportation or other problems beyond our immediate control or that of our suppliers, or if changes are required at any time by government agencies or organisations or other official bodies. We do not control the day to day management of your accommodation. Particular hotels may only be used infrequently. It is possible that we may be advised that your reserved accommodation is not available after you have departed on holiday. If this occurs, we will endeavor to provide accommodation of at least the same standard in the same area. However, this is a reasonably unlikely event as we work very closely with our hotels to ensure a seamless process. To date this has not occurred.
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8. Cancellation by Us
Occasionally, it may be necessary to cancel previously confirmed arrangements which we reserve the right to do. Where your arrangements are cancelled other than due to your default in payment, we will offer you the choice of either purchasing alternative arrangements from us, of at least the same standard if available (with you paying or receiving a refund in respect of any price difference) or receiving a full and immediate refund of all monies paid to us. Except where you fail to make payment in full and on time, we will not cancel less than eight weeks before departure unless we are forced to do so as a result of "force majeure" as defined in clause 9 below. We regret no compensation will be payable if we cancel eight weeks(56 days) or more before departure for any reason or less than eight weeks before departure as a result of unusual and unforeseeable circumstances beyond our control, the consequences of which could not have been avoided even with all due care. Very rarely, we may be forced to curtail your arrangements after the date of departure where circumstances amounting to "force majeure" as defined in clause 9 below occur. In this very unusual situation, we regret we cannot make any refunds (except where these are obtained from the relevant supplier(s)), pay any compensation or be responsible for any costs or expenses you may incur as a result.
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9. Force Majeure
We regret we cannot accept liability and no compensation will be payable if the performance or prompt performance of our contractual obligations is prevented or affected by circumstances amounting to "force majeure". Circumstances amounting to "force majeure" include any event which we or the supplier of the service(s) in question could not, even with all due care, foresee or avoid such as war or threat of war, civil strife, industrial dispute, natural or nuclear disaster, adverse weather conditions, fire, terrorist activity, governmental action and all similar circumstances beyond our control.
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10. Liability
(a) Quality -
We do not own, control or operate any airline, hotel, coaches, trains or other services which form part of your holiday arrangements. There should be a reasonable standard of quality (taking account of the price paid and the destination concerned) provided as promised and if this has affected the enjoyment of your holiday as a result. We further do accept responsibility for the acts and/or omissions of our employees (providing they were set out at the time as per holiday arrangements for our travel itineraries. We will accept responsibility and pay compensation if the services which form part of your holiday are not provided, except where they lead to death, injury or illness which is dealt with in clause 10(b) below. Except where loss and/or damage to luggage or possessions is concerned (see clause 10(e)) or as otherwise provided in these booking conditions, our liability is however limited to twice the value of the arrangements booked with us (excluding insurance premiums and amendment charges) of the person(s) affected in total. This clause is subject to clause 9 "Force majeure" and clause 10(f) "Higher risk activities".
(b) Death and Personal Injury -
We accept responsibility should you or any member of your party suffer death, personal injury or illness as a result of any failure to perform or improper performance of any part of our contract with you by any of our employees, agents, suppliers or sub-contractors (providing they were at the time performing duties authorized by us) except where the failure to perform or improper performance was due to:- (I) your own acts and/or omissions; or (ii) those of a third party not connected with the provision of your holiday arrangements and which were unforeseeable or unavoidable; or (iii) an event which either ourselves or the supplier of the service(s) in question could not have foreseen or forestalled even with all due care. It is a condition of this acceptance of liability that you fully comply with clause 11 below. Where any payment is made, you must assign, to us, or our insurers, any rights you may have to pursue any third party. You must further co-operate with us and our insurers. This clause is subject to clause 10 (f) "Higher risk activities".
(c) Carriers and providers of accommodation -
In all cases, any liability we have in relation to any air, sea, rail or road carrier or provider of accommodation is limited as if we were carriers/providers of accommodation within the appropriate international convention.
(d) Death or injury by misadventure -
Should you or any member of your party is unlucky enough to suffer personal injury, illness or death by misadventure as a result of an activity which does not form part of your confirmed arrangements with us nor an excursion booked through us, we will provide you with assistance. This assistance may, in our absolute discretion include financial assistance with initial legal costs to enable you to take proceedings against the third party responsible. Any such assistance must however be requested within 90 days of the date of misadventure. All assistance is provided subject to a maximum total cost to ourselves of 200.00 per booking form. In addition, if the person concerned should be successful in obtaining a costs order against any third party or if you are able to claim under any insurance policy(s) you may have, we will be entitled to recoup from you the costs actually incurred by us.
(e) Luggage and personal possessions -
Luggage and personal possessions are at all times your sole responsibility. You must ensure you have adequate insurance cover to protect them. As you are assumed to have taken appropriate insurance cover, any liability we have in relation to luggage or personal possessions will in any event by limited to £50 per booking in total.
(f) Higher risk activities -
Certain activities (e.g. trekking, diving, rafting etc) are of their very nature dangerous and carry a greater risk of personal injury and death. Such risks are compounded by the fact you may be participating in these activities in remote areas where even limited medical assistance may be some considerable distance and time away. It is your responsibility to ensure you and all members of your party are medically fit to engage in any particular activity. Certain activities (e.g. diving) have particular medical, training or other requirements. It is your responsibility to ensure you are familiar and comply with those requirements. In making a booking, you acknowledge and accept the risks inevitably associated with higher risk activities and that we cannot accept responsibility if any such risks materialise and you suffer death, personal injury, loss or damage as a result. If you are in any doubt as to possible risks, you should consult our staff before booking. You must ensure that any insurance policy you take out covers you in relation to higher risk activities. Ultimate Diving offers insurance to cover you for any activities we offer as part of travel arrangements.
(g) Special events, visits, exhibition, excursions and facilities -
All special events, visits, exhibitions, excursions and facilities referred to in any of our advertising material are shown in good faith and will, to the best of our belief be available. However, we do not control or arrange such matters. Where any special event, visit, exhibition or facility which forms a significant part of your confirmed holiday arrangements become unavailable, cannot be provided or is not to take place for any reason, we will advise you before departure if possible. The provisions of clause 6 will then apply. Unfortunately, we may be unaware of such non availability prior to departure or may be unable to inform you of this prior to departure. In this event, the rest of the holiday arrangements will be provided as booked and we will refund the direct cost of the event etc in question (together with the cost of any local transportation where applicable). Our liability in this situation will be limited to such refunds.
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11. Complaints/claims
If you are unhappy about any aspect of your arrangements, you must inform our tour escort or ground handling agents together with the supplier of the service concerned immediately. You must make every effort to bring problems to the attention of ourselves and the supplier so that they can be resolved during your holiday and to mitigate any losses, expenses or costs you incur. Once we and the supplier concerned are aware of the problem, everything reasonably possible will be done to quickly resolve your issue. If you remain dissatisfied, you must write to us giving full details of your complaint within 14 days of your return from our holiday. We regret we cannot accept liability in relation to any complaint which is not notified entirely in accordance with this clause.
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12. Arbitration
Disputes arising out of or in connection with this contract which cannot be amicably settled may (if the client so wishes) be referred to arbitration under a special scheme which though devised by arrangement with the Authorities. This is administered quite independently. The scheme (details of which will be supplied on request). The rules of the scheme provide that the application for arbitration must be made within 6 months of the date of return from holiday but in special circumstances it may still be offered outside this period.
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13. Air Travel,
At the time of publication, we are not in a position to confirm the airlines, aircraft types and/or airports of destination this will be used in connection with your holiday arrangements. Where, this information is provided prior to departure (as will usually be the case) a subsequent change at any stage will be treated as a minor change not entitling you to cancel without paying the normal cancellation fee. All flight times shown in our advertising material or given on booking are subject to change. Please ensure you carefully check all travel documentation and information relating to your arrangements as soon as it is received by you. Advertising material is our responsibility. It is not issued on behalf of us and does not commit any airlines or hotels mentioned in it or an airline whose services are used in the course of any tour or other arrangements.
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14. Delays
Unfortunately, delays in transportation (e.g. flights) can sometimes occur. We regret we cannot accept any liability in relation to any delays which are beyond our control or any expenses or losses you incur as a result. Depending upon terms of any insurance policy you have taken out, you may be able to seek reimbursement of any such expenses or losses together with compensation for the delay from the insurance company. In the event of your outward or return international flight being delayed, we will endeavor to arrange for the airline to provide appropriate refreshments and or hotel if the flight is subject to long delay.
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15. Conditions of Suppliers
In respect of all services, the conditions of the supplier concerned (e.g. airline, coach operator, hotelier or other provider) will apply. Such conditions will often limit the supplier's liability to you usually in accordance with applicable international conventions. Copies of these conditions are available from our reservations team or the suppliers concerned direct.
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16. Pre-Departure Contact
It is essential to ensure you provide us with a telephone number or address where you can be reached up to 24 hours prior to your departure in the event of late changes or other problems.
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17. Special Requests
If you have any special requests, please ensure you notify us in writing at the time of booking. We will endeavor to pass such requests on to the supplier(s) concerned. We regret however that we cannot guarantee special requests will be met and failure to do so will not be a breach of contract on our part.
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18. Insurance
It is a condition of our accepting your booking that you take out adequate travel insurance for the whole period of your holiday. Details of the policy we offer are shown in our advertising material. We do not accept liability for any losses suffered by yourself or your party as a result of your being uninsured or under-insured. Insurance cover will only be effective when your premium has been paid.
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19. Passport, Visa and Health Requirements
It is your responsibility to ensure that all members of your party have all necessary passports, visas and health/vaccination certificates for your holiday prior to departure. We cannot accept any responsibility if you are denied entry into any country or onto any flight due to inadequate travel documentation. Any costs or expenses incurred as a result will be your responsibility. Details of the current passport, visa and health requirements for the holidays featured in our advertising material. Such requirements do change from time to time and you should check the up to date position in good time before departure.
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20. Behavior
We, the Tour Organiser/Travel Agent and any other person in authority (e.g. airline pilot or accommodation manager) has the right to terminate the holiday arrangements of any person whose behavior, in our opinion or that of the person in authority, does or is likely to cause danger, distress or annoyance to any of our other clients, employees or any third party or to cause damage to property. In this event, our responsibility for the person concerned (including any continuing/return travel arrangements) will immediately cease and we will not be liable to meet any expenses or costs incurred as a result, make any refund or pay any compensation.
Programme Costing Date 25th March 2009.
Exchange Rate 1 = Euro 1.10 / USD 1.55
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