1. Reservation and Deposit with Diving World

Booking Conditions (Important - Please Read Carefully) 'Diving World' is a trading name of Diving World (UK) Limited

1. Reservation and deposit with Diving World refund (except for any insurance premium paid to Diving World). The prices in this brochure have been calculated against costs All 'Diving Holidays' (any holiday described in the relevant Diving World brochure or as otherwise advertised, including any known on 20th July 2001 at an exchange rate of US$1.5 dollar to £1 sterling. flights to and from the UK) are subject to availability. When you confirm a Diving Holiday you must complete and sign a booking form and pay a deposit of 35% per person, plus (if your insurance is with us) the amount for your insurance premium. In doing so you are accepting these Booking Conditions and the booking form as the entire terms of contract between yourself and Diving World. You are also warranting your authority on behalf of all persons listed on the booking form 8. If Diving World changes your Diving Holiday and agree that all have accepted these Booking Conditions. Diving World will issue a confirmation invoice, showing the Diving World makes every effort to ensure that the information given in its brochures and advertisements is correct and it amountDiving paid and World request the UK balance is to a be trading paid in 12 weeks name prior ofto departure. Diving For Worldbookings made (UK) within12 Limited. weeks of 23 A, Kenilworth Gardens, Hayes, Middlesex, UB4 0AY, United Kingdom. represents Diving World's intentions and plans at the time of printing. It is unlikely Diving World will have to make any changes departure, the full amount must be paid at the time of booking. Balance of payment by accepted credit card will be subject to Telephone: 020 7407 0019to · your Fax: Diving 020 Holiday. 7378 However 1113. should this situation arise where a change is unavoidable, Diving World reserves the right to a 3% transaction charge. This charge does not apply to payments of deposits using credit cards or to payments of full make this change at any time, but will notify you as soon as possible. If before departure, Diving World makes a 'major or balances by debit cards. See also 'Travel Insurance' below. significant change' to your Diving Holiday, i.e. one, which involves changing your resort (if applicable), or accommodation Tickets will only be issued on receipt of full payment. Should you fail to pay in full 12 weeks before departure, we reserve the arrangements to that of a lower standard or changing the time or duration of your flight by more than 16 hours, you will then right to cancel your Diving Holiday, whereby full cancellation charges below would apply. have the choice of either. (a) Accepting the changed arrangements as notified to you (if applicable, at additional cost); or ATOL Protection statement (b) Purchasing another Diving Holiday available from Diving World; or When booking through Diving World the air holiday packages are ATOL Protected by the Civil Aviation Authority, as we act c) Canceling your Diving Holiday. as agent for licensed tour operators. All monies paid by you for air holiday packages booked through Diving World are ATOL If you choose (a) or (b), Diving World will pay you compensation on the scale shown below. If you choose (c) Diving World will Protected by the Civil Aviation Authority. The names and ATOL numbers of these tour operators are displayed with the refund all money paid plus compensation on the following scale: holiday information prior to booking. The Licence holder’s name and ATOL number are shown. For more information, see the Licence holder’s booking terms and conditions. Our strength stems from the fact that we are independent and act as an Period of notification given to you Compensation per person agent for many different companies. Your invoice will always inform you of the ATOL number you are covered under. More than 56 days Nil 55–28 days £20 ATOL protection only applies to air packages booked and taken from the United Kingdom. 28–14 days £30 13 days - date of travel £40 Important notes: 2. Change or cancellation by you Any changes to aircraft; type or operator or destination airport after booking (other than those changing the time or duration of If you wish to make any changes to a booking, Diving World will endeavour (without obligation) to fulfil the request. An your flight by more than 16 hours) shall not constitute a major or significant change. Diving World shall not be liable for this and administration charge of £40 (together with any resulting change in price) may be levied. No change will be considered by you may not cancel your contract with Diving World as a result of such changes without incurring the cancellation charges at Diving World less than 28 days prior to any scheduled departure date. section 2 above. Any cancellation must be confirmed immediately in writing by the person who signed the Booking Form, enclosing for Compensation payments do not apply to a change of liveaboards due to minimum numbers not being reached on open dates or cancellation any deposit confirmation or tickets which you hold, addressed to Diving World at the address given below and group bookings or to any change caused by any events beyond Diving World’s control which Diving World could not reasonably will incur the following fees: foresee and avoid such as health risks, reason of war or threat of war, riots, government action, civil strife, terrorist activity, Period prior departure within Percentage of price deducted industrial disputes, natural or nuclear disasters, fire, technical or maintenance problems to transport (including liveaboards), bad which cancellation notification from refund by Diving World weather, closure or congestion of airports, ports, or dive sites, cancellations of scheduled airline flights and similar events is received by Diving World beyond our control. more than 70 days Deposit forfeited Tour, excursion or diving itineraries may change as a result of local conditions or unforeseen events. These and efforts by local 69 - 45 days 75% operators and hotels to maintain their standards of service through refurbishment and re-development may cause some of the 44 - 31 days 85% amenities Diving World has described to differ from those advertised. Diving World shall advise you of any such alterations 30 days prior to departure 100% promptly on its discovery of these changes. Liveaboard itineraries are dependent on weather conditions, licences and the If you cancel your Diving Holiday after Diving World has sent out your tickets, no refund (if due) will be made until all such preferences of the majority on board. However the decisions of the Diving World representative and/or master on board shall be documents are received by Diving World. If you transfer from one Diving Holiday to another, unless offered by Diving World paramount for safety reasons and no liability will arise to Diving World as a result. No refund or compensation is payable by this may be treated as a cancellation and Diving World reserves the right to charge the fees above. When the price of your Diving World for any unused accommodation, diving, flights or parts of the Diving Holiday where these are unused at your Diving Holiday depends on the number of people booked into your accommodation and cancellation or change involves discretion. amending the number of persons, the price per person will be recalculated on the basis of the new party size. Diving World 9. Delays will endeavour to notify you as soon as possible after such a change occurs which affect the price of your Diving Holiday. Diving World cannot accept liability for any delay in your flight from or to the UK whether the cancellation or delay is caused by You shall not have the right to exclusive occupancy of cabins with two or more berths or similar hotel accommodation unless adverse weather conditions, rescheduling by the airline, airport authority and/or action by air traffic controllers, mechanical a single person surcharge is paid. Diving World recommends that you check that your insurance covers cancellation charges. breakdown or industrial action. Diving World shall in no circumstances be liable in respect of consequential loss or damage, Your insurance premium will not be refundable. Any changes you make to your Diving Holiday once you have begun your howsoever caused and whether or not from delays. In certain circumstances, delayed departure is covered by travel insurance Diving Holiday are your sole responsibility and shall be paid for you. and you should check that your insurance offers monetary compensation for such delays. 3. Passports, visas and vaccinations 10. Diving World’s responsibility for your Diving Holiday You are entirely responsible for arranging, and must be in possession of a passport (valid for at least a further 6 months from Diving World accepts responsibility for matters arising directly from Diving World’s negligence and/or Diving World’s duty to the date of your return from the Diving Holiday), visa and any vaccination certificates required. Where Diving World exercise reasonable care in arranging the Diving Holiday for you in this contract, including from any acts or omissions by Diving recommends vaccinations in the 'Essential Information' section of a brochure, you must contact your GP or a specialist World’s agents, employee’s or suppliers while providing any arrangement or service which forms part of the Diving Holiday. vaccination centre in good time. Diving World has taken all reasonable and proper steps to ensure that proper arrangements have been made for all Diving 4. Travel Insurance Holidays and that suppliers of the various services provided to you as part of your Diving Holiday are efficient, safe and It is a requirement of booking that you are insured appropriately while on a Diving Holiday. You are wholly responsible for reputable and comply with local and national laws and regulations of the country in which they provide these services. However, arranging your own insurance, which must include the costs of medical assistance including repatriation coverage for whilst Diving World requests that its suppliers of hotel and liveaboards comply with local health and safety regulations relevant £2,000,000 and must cover you for the region or regions in which your holiday will occur and for the activities, which you to the countries in which they are based Diving World cannot guarantee that these meet British safety standards. Diving World undertake. Scuba diving medical and accident cover where your Diving Holiday includes diving activities must also be does not have direct control over the provision of services to you by suppliers, and Diving World cannot be held responsible or included. Travel and diving insurance can be purchased from Diving World on request. If you do not effect insurance through liable for death, injury or illness suffered by you unless through Diving World’s negligence including that of Diving World’s Diving World, as a condition of this contract you must also provide details of your alternative insurance at the time of booking employees, agents, subcontractors and suppliers. You must assign to Diving World any rights you may have against any other including the name of your insurer, your policy number, the insurers' emergency contact number and confirmation that your person whose acts or omissions have caused Diving World’s liability. policy has been endorsed for scuba diving. Important note – Limitations on liability for death and personal injury, loss and damage to luggage and delay exist for carriers on 5. Diving Holiday participation the provision of accommodation and carriage by air and sea from, in the case of European flights, EC Regulation 2027/97, in Diving World reserves the right to require you to produce evidence of your insurance on the terms above and medical other flight cases, the Warsaw Convention 1929 govern carriage by air and, in the case of carriage by sea, the International evidence of your fitness to participate in a Diving Holiday. It is your responsibility to ensure that you are fit to dive and you convention relating to the carriage of passengers and their Luggage by Sea, adopted at Athens on 13th December 1974 (the may be required to complete a questionnaire or have a medical check. Diving World recommends that you obtain a medical ‘Athens Convention’). Diving World reserves the benefit of these limitations or exclusions and shall be interpreted for the check periodically to maintain your enjoyment of diving. You should seek medical advice before diving if you have ever purposes of the defences under the Athens Convention only as owner of the liveaboards. Nothing in these Booking Conditions experienced any of the following: blackouts, epilepsy, convulsions; high blood pressure or cholesterol; blood disorders; shall be deemed a surrender of these limitations or exclusions. hernias; ulcer surgery; back problems; diabetes; heart disease, surgery or attacks; chest surgery; lung disease or any illness 11. If you have a complaint affecting your breathing including asthma; pregnancy and repeat medication for any illness or disorder. This is not meant to You must bring any complaint immediately to the attention of Diving World’s resort or liveaboard representative or local agent so be an exhaustive list of disorders and other aggravating factors such as smoking or age should also be considered in taking that they may try to rectify the matter. In the unlikely event of the matter not being rectified then you should write to Diving World advice. The Department Of Health provides a free leaflet 'Health Advice For Travellers', which you can obtain from a within 28 days of your return quoting your Diving Holiday reference (on the booking confirmation) so that diving World may specialist clinic or your GP. You must discontinue diving if you suffer any respiratory congestion or other medical condition investigate further. If this results in a dispute, which Diving World cannot settle, you may then refer it. during the Diving Holiday. Your contract with Diving World shall be governed by English law. Any claims arising from carriage by air or sea must be bought You must take as much care of your and your fellow holidaymakers' personal safety and physical possessions as you would within the two-year time limits and before the court specified in the above conventions. Copies of these conventions are do at home. Diving World recommends that you contact the Foreign Office Travel Advice Unit (Telephone: 0207 238 4503; available on request. If any other law is applied, Diving World shall in respect of all exclusions and limitations of liability Ceefax; BBC2 page 470; or Web-site: http://www.fco.gov.uk/) for up-to-date information on the security in any country, which contained herein be afforded the highest protection (including as to limitations) permitted by that law. is visited on your Diving Holiday. ABTA have an Information Department, which can be reached on 0891 202 520 for further information (calls cost approximately 50 pence per minute). 12. If Diving World cancels your Diving Holiday Diving World reserves the right to cancel a Diving Holiday in any circumstances (including for non-payment of the balance of the Proof of your diving qualification by a recognised agency will be compulsory for certain Diving Holidays. In these price of the Diving Holiday) but will not cancel a Diving Holiday less than eight weeks before departure except for force majeure circumstances you will be required to submit your diving qualifications to the local agent of Diving World Representative (see important note in section 2 above), consolidation, or for your failure to pay the final balance. Unless you fail to pay the final before diving, failing which Diving World will not permit or sanction your diving. Please note that liveaboards can take you a balance, Diving World, upon cancellation, will return all monies paid or offer an alternative Diving Holiday of comparable long distance from a recompression chamber. standard and will pay compensation on the scale shown in section 8 above. If the alternative offer is at additional cost, you will As part of Diving World's commitment to the quality of service to its customers, Diving World reserves the right to decline any pay for the additional cost. person as a client or to withdraw that person from a Diving Holiday in each case at any time, and Diving World shall be under 13. Personal injury (unrelated to arrangements made by Diving World) no liability for any extra costs incurred by such person as a result of its doing so. If you have limited mobility you must confirm this to Diving World prior to booking a Diving Holiday. Liveaboard and other accommodation may be unsuitable in these General assistance to a maximum cost of £2,000 shall be afforded to you where, through misadventure for which we cannot accept responsibility, you suffer illness, personal injury or death during the period of your Diving Holiday arising out of an circumstances. activity, which does not form part of your Diving Holiday. Furthermore, in the event either of there being a successful claim for costs against a third party or there being suitable insurance policy/ies in force, costs actually incurred by Diving World or its 7. Surcharges suppliers shall be recoverable from you. Diving World reserves the right to increase the cost of the Diving Holiday to take into account the following items: government action and changes in taxation policy; risk insurance; currency fluctuations; and additional transportation costs which cause 14. Late Bookings an increase in the cost of the Diving Holiday. Diving World will absorb from these additional costs a sum equal to 2% of the Diving World recommends bookings as early as possible, but appreciates that some clients may have no choice but to book Diving Holiday cost. In the unlikely event that this does not fully absorb the additional costs, you will be required to pay any late. For bookings received within 6 weeks of departure, Diving World reserves the right to pass on any extra costs incurred, sum in excess of this amount together with a 50 pence administration charge. An amended invoice will be sent to you which e.g. possible extra flight costs or ticket on departure charges, which may result after the release of Diving World’s flight is payable within 7 days. Should the increase be more than 10% of the Diving Holiday cost (excluding insurance premiums allocation. and amendment charges) you may cancel the booking, provided that you do so in the manner set out in section 2 above within 10 days of the date on the demand from Diving World for payment of the surcharge. If you do so you will receive a full Holidays and prices in this brochure supercede those for the same period in any other earlier Diving World (UK) publication. Date of issue: 21st January 2009.