Our Tour Operators Typical Conditions of Booking
The CAA have asked us to refer you to the actual web page of each of the various tour operators that we use who may all have slightly different cancellation policies etc. - but the following conditions are typical of most UK Diving Tour Operators and Red Sea Divers when acting as Principles
Where our tour operators have published Web pages with their booking conditions you can go to the specific Operators booking conditions by clicking on the following ATOL Numbers - In the event that any of the following do not have a web page showing booking conditions we can arrange to fax or post you a copy - Call 07946 191 343
ATOL No's - Kuoni 0132, Libra 324, Aquatours 3160, Longwood Holidays 2199, Tony Backhurst 5667, Discover Egypt 3897, Explorers Tours 2941, Hayes & Jarvis 1275, Mosaic Holidays 5236, Sportif International 2910, Regal 2990
PLEASE NOTE:- All air fares once booked are 100% non-refundable, and may have to paid in full when we book them for you.
This would mean that you will have to pay an extra deposit after booking, but before the total holiday balance is due, if the flight cost is more than the normal deposit, so taking out travel insurance when booking your holiday is highly recommended.
Red Sea Divers Ltd own booking conditions
Possible surcharges Please Note - Whilst there is no charge for paying with Debit cards, that we will pass on to you the 2.5 per cent bank charges for balances paid on Credit cards. Some companies that we use for Red Sea Holidays now include Airport Departure Tax but from September 2004 Red Sea Divers Ltd will add a 3 pounds per person booking fee - this booking fee will also provide Travel Trust Association Fidelity Insurance Protection (also known as the Safe Seat Plan) for any money held by our company on your behalf with cover up to 11,000 pounds per person. On some trips there is a late booking charge and/or ticket on departure charge that we may have to pass on to you. There might also be flight company/tour operator/airport surcharges/VAT changes etc added as per various Tour Operators booking conditions
1. The Contract, Flight and Tour. The conditions of booking, the heading of which contain the word 'flight' together with the booking form attached ("Booking Form") form the entire terms of the contract between you and Red Sea Divers Ltd where we act as principle for the the Non Flight arrangements or the appropriate fully bonded member of the Air Tour Operators Licence (ATOL HOLDER and ATOL number of actual Tour Operator which will be notified to you in writing on booking) for the purchase of tickets for your flight ("flight") and The conditions of booking, together with the Booking Form form the entire terms of the contract between you and Red Sea Divers Ltd and/or the ATOL Holder ("the Company"/"we"/"us") for the purchase of your diving holiday. The person signing the booking form ("Lead Client") will be deemed to sign the Booking Form for and on behalf of all other persons named on it. The signing of the booking form by the Lead Client will constitute acceptance of these conditions by all the clients and the parties named on it and act as confirmation that the Lead Client has authority to act on behalf of the other persons name on the Booking Form. You must be at least 18 years old to make a booking with the Principals. Your contract with the Principals is made when all the following are satisfied: the company actually receives the signed and completed Booking Form; the requested deposit ("Deposit") has been paid in cleared unconditional funds; the Company sends to you its written confirmation of acceptance (or counter-signs the Booking Form); and the Company in writing confirms the booking. The company acts as agents for various tour operators in respect of the flight.
2. Payment for Flight and Tour. The Deposit is due on delivery to the Company of the Booking Form whether by mail, facsimile, e mail or direct from our website. The balance of the holiday cost ("Tour Price") and the balance of the cost of the Flight ("Flight Price") (together the "Price" or "Prices") will be set out on the Principals' confirmatory invoice to you. It must be paid in full in cleared unconditional funds to the Flight Company not later than 12 full weeks prior to the date of your departure, time of the essence - PLEASE NOTE : Red Sea Divers need to receive the balance 12 weeks prior to departure to allow funds to clear through the banking system and then clear through the Travel Trust payment to suppliers system. Failure to do so will result in the booking being treated as cancelled by you. Cancellation charges will be payable as set out in clause 5 below. Any insurance premium will not be refundable. In the case of bookings made less than 12 weeks before the departure date, payment must be made to the Company in full in cleared unconditional funds on delivery of the Booking Form to the Company. Money paid to a travel agent for the Flight and the Tour is held by that agent for the Principals.
3. Price Policy for the Flight and the Tour. The Prices in the sales packs issued by or on behalf of the Principals are valid on the date of the quote only, as flight prices can change without notice. The Principals reserves the right to alter the Tour Price advertised prior to your booking. After a booking has been made the Principals reserve the right to alter the Price as a result of UK or foreign government action (including changes in the rate of VAT and any other duties or levies), currency fluctuations or increases in transportation costs. If the alteration results in an increase of more than 15% of the Tour Cost, you may cancel the booking and obtain a full refund, excluding insurance premium and less an administration fee of not more than £25 per person. In the event of an increase, an amended invoice will be sent to you which is payable within 7 days in cleared unconditional funds, time of the essence. The Principals will absorb an amount equivalent to 2% of the Tour Price (excluding insurance premiums and any amendment charges) and only an amount in excess of this 2% will be passed on to you. No increase will be made within 30 days of departure, however if the Government imposes a levy for the purposes of consumer protection, we reserve the right to pass this charge on to you at any time. The Price (s) in our sales packs has been calculated against costs known on 01/01/2008 at an exchange rate of US$ 1.90 to £1 sterling although most Egyptian tour operators are now charging us in Euros. There may also be a local boat fuel surcharge levied as the fuel prices in Egypt are rising even faster than the UK.
4 Holiday Descriptions of Flight and Tour. The information about the tours featured in the Principal's packs is given in good faith and believed to be accurate at the time of publication. However, as these are prepared a long time in advance of the holiday, the Principals reserves the right to make any necessary changes to the tours described. This is particularly true when depending upon liveaboard boats, which by their nature contain many mechanical and electrical devices necessary for diving holidays and are, as with all such machinery, subject to breakdowns etc. Liveaboard boat trips are also subject to weather restrictions, government licensing, Conservation Organisation restrictions, marine park permits etc and may occasionally have to be substituted at short notice. It may also prove necessary for the Principals to vary or modify a tour itinerary or its contents due to local prevailing conditions. You agree to such necessary variations or modifications being made and also agree to be bound by the decision of the dive leader or representative appointed by the Principals. In such circumstances the Principals reserves the right to substitute alternative arrangements.
5 Cancellations If you wish to cancel your holiday, written notification must be given to the Company by the Lead Client. The date of cancellation will be the date the Principals actually receives this written notice. In the event of cancellation by you, no insurance premium paid will be refunded and the following cancellation charges will be payable towards which we may apply the Deposit: 84 days (12 weeks) or more prior to departure your deposit only forfeited (or if greater the cost of the flight) ; 83 days - 60 days prior to departure 50% of tour price, 59-36 days prior to departure 70% of Tour Price; 35-15 days prior to departure 90% of Tour Price; within 14 days of departure 100% of Tour Price. If you cancel your holiday after the Company has sent out travel documents, no refund (if due) will be made unless and until all such documents are actually received back by the Company within 7 days of your notice, time of the essence. Please Note that the flight portion of your holiday may be non refundable or non changeable with some flight companies. If this is the case the cancellation of your holiday by you will mean that you have to pay more than your original deposit even if you cancel more than 84 days before departure.
We recommend that you take out insurance as soon as you book your holiday
Click Here for insurance quotes or to book your insurance on line
6. Alterations by the Company. It is unlikely that we will need to make any changes to your holiday arrangements once they are confirmed, but as we do plan many months in advance, this may sometimes be necessary. Most will be minor changes, but where they are major, for example a significant change of resort or centre or vessel, a change of accommodation to that of a lower category, a change of flight time by more than twelve hours or a change of departure airport, except between London Airports (e.g. Heathrow, Gatwick, Stansted and Luton) we will inform you or your travel agent when you book or as soon as possible if you have already booked. Subject to the Force Majeure exclusion you then have the following choices: to accept the alternative offered; to choose another holiday; to cancel and receive a full refund of all monies paid to us; Whichever of the above options you choose, we will additionally and in full and final settlement of any claim (which you now agree) pay you compensation ("Compensation") (not including infants under the age of 2 on the date of travel) as follows: Period of notification prior to departure:- 1, more than 56 days , nil compensation. 2, 56-29 days compensation £10. 3, 28-15 days compensation £20. 4, 14-0 days compensation £25. These options will not be available to you and compensation will not be made for changes which arise as a result of situations outside of our control. For example, technical or maintenance problems with transport, changes imposed by rescheduling or cancellation of flights by an airline or main charterer, the alteration of the airline or aircraft, refusal of landing rights by the CAA to any airline. This also includes any other acts of force majeure (namely: war or threat of war, riots, terrorist activity, civil strife, strikes and other industrial disruption natural disasters, fire, quarantine, epidemics, weather conditions, Government action, lack of crew/instructors, or action by regulatory authorities, impounding of vessels, permit refused or withdrawal, health and safety requirements or other events beyond our control).
New Regulations -
NB. If your flight is cancelled or delayed, your flight ticket is downgraded or
boarding is denied by your airline in circumstances which would entitle you to
claim compensation against the airline under EC Regulation No 261/2004 - the
Denied Boarding Regulations 2004, you must pursue the airline for the
compensation due to you. All sums you receive or are entitled to receive from
the airline concerned by virtue of these Regulations represent the full amount
of your entitlement to compensation or any other payment arising from such
cancellation, delay, downgrading or denied boarding. This includes any
disappointment, distress, inconvenience or effect on any other arrangements. The
fact a delay may entitle you to cancel your flight does not automatically
entitle you to cancel any other arrangements even where those arrangements have
been made in conjunction with your flight. We have no liability to make any
payment to you in relation to the Denied Boarding Regulations or in respect of
any flight cancellation or delay, downgrading of any flight ticket or denial of
any boarding as the full amount of your entitlement to any compensation or other
payment (as dealt with above) is covered by the airline’s obligations under
the Denied Boarding Regulations. If, for any reason, you do not claim against
the airline and make a claim for compensation from us, you must, at the time of
payment of any compensation to you, make a complete assignment to us of the
rights you have against the airline in relation to the claim that gives rise to
that compensation payment. If your airline does not comply with these rules you
should complain to the Air Transport Users’ Council on 020 7240 6061
www.auc.org.uk.
7 Curtailment. Very rarely, we may be forced by “force majeure” to change or terminate your holiday after departure but before the scheduled end of your time away. This is extremely unlikely but if this situation does occur, we regret we will be unable to make any refunds (unless we obtain any refunds from our suppliers), pay you any compensation or meet any costs or expenses you incur as a result.
8 Cancellation by the Principals. We reserve the right in any circumstances to cancel your holiday. All holidays will operate subject to a minimum number of participants. However, in no case will we cancel your holiday less than eight weeks before the scheduled departure date, except for reasons of force majeure or upon your failure to pay the final balance of the Tour Price in accordance with clause 2.2 above. In circumstances where we are unable to provide the holiday booked, we will return to you all monies paid or offer an alternative holiday of comparable standard and if a cancellation occurs within eight weeks of departure, we will pay the Compensation. These must be notified to the Principals in writing before booking. After booking they will be treated as an alteration and a charge made (see below). Any additional costs of a special request must be borne by you. If you have any special requests outside the services offered in the brochure, the Principals will endeavour to assist but is not obliged to do so.
9 Alterations by you. It is vitally important that your requirements be clearly stated on the Booking Form. If once the booking has been accepted by the Principals you wish to make any alterations to the booking detailed, the Principals will do all it can to assist you although it is under no obligation to make any alterations other than to allow you or any member of your party who is prevented from travelling to transfer his/her booking to someone else, provided that written notice is given to the Principals not less than 35 working days before the departure date with full details of the transfer. The transferee (s) must satisfy all the requirements for a diving holiday as set out in these conditions and the Booking Form. The Lead Client must send a written alteration request to the Principals at least 8 weeks prior to departure. It must be accompanied by a £45 per person per change administration fee. You will also be required to pay any additional costs arising from your alteration. However, any alterations made by you less than 8 weeks prior to departure may be treated at the Principal's discretion as a cancellation and the charges set out in clause 5 above will apply. Any changes you wish to make to your holiday arrangements once your holiday has commenced are your sole responsibility. The Principals will not be responsible for the additional cost of any changes you make whilst on holiday and these must be paid by you.
10 Unused Services. No refund or compensation is payable by the Principals for any unused accommodation, diving, flight, services or features provided during the holiday. Clients who do not complete a diving course for any reason whatsoever cannot be refunded for a portion or the remainder of the diving course.
11 Responsibility. We will use all reasonable efforts to ensure that the holiday booked with the Principals will be as described in the sales pack and that services reach a reasonable standard. If we fail to provide any material part, we will pay you compensation considered by us in our discretion as appropriate if in our reasonable opinion this has affected enjoyment of your holiday. Our liability in all cases shall be limited to a maximum price of the part of the Tour affected - especially in a split contract arrangement - and will be in full and final settlement of your claim which you now agree. This is to be read with Section 12 below; particularly the part stating (unless our non-compliance or failure is in any way directly or indirectly attributable to: unusual or unforeseeable circumstances beyond our control which could not have been avoidable even if all reasonable care had been taken; or events which neither we nor our suppliers could have foreseen or forestalled even if we had taken all reasonable care). In this case no compensation will be due although we will make every effort to investigate any problem and may negotiate a discount on a future trip with the supplier involved
12 Liability. We shall compensate you for any loss or damage you may suffer if we do not comply with our obligations under this agreement or fail to carry out our obligations to a reasonable standard (including if we cause death or personal injury to you by our negligence) unless our non-compliance or failure is in any way directly or indirectly attributable to: your own fault, consent, request, acts or omissions; a third party unconnected with our obligations under this agreement; unusual or unforeseeable circumstances beyond our control which could not have been avoidable even if all reasonable care had been taken; or events which neither we nor our suppliers could have foreseen or forestalled even if we had taken all reasonable care. Our liability to compensate you for your loss or damage (other than death or personal injury to you) is limited to a reasonable amount having regard to such factors as the Tour Price and the extent to which your enjoyment of the holiday can reasonably be said to have been materially adversely affected. The maximum amount of such compensation is the lower of: the maximum amount payable under any international convention relating to the provision of the holiday which restricts the amount of compensation payable; and the Tour Price. You undertake to us that you will dive strictly within the limits of and meeting the requirements of your current qualifications and experience. You agree that this is solely a diving holiday and you will not dive alone nor will you undertake any activity other than scuba diving or snorkelling unless with the prior written consent of the Principals even though apparently available and/or offered to you on site and/or on or from the boat. You agree to indemnify us on demand in respect of any death, injury, loss or damage directly or indirectly caused as a result of the breach by you of this undertaking and whether suffered by you, by any third party or in the case of loss or damage to the Principals or death or injury to any of the officers, directors, staff, employees, contractors, servants or agents of the Principals. It is a fundamental condition of this agreement and to any liability the Principals may have to you that you are as a minimum qualification either a PADI Open Water Diver [or PADI Junior Open Water Diver] or judged equivalent by the Principals from another agency or you are being trained to that minimum level by the Principals, that you are medically and physically fit to undertake the requirements of the holiday and will dive strictly in accordance with your agency standards. All other conditions, warranties and representations express or implied by statue, common law or otherwise in relation to the provision of the holiday are excluded to the fullest extent permitted by law. We shall not under any circumstances be liable for any: loss of profit, revenue, goodwill or any other economic loss; and indirect or consequential loss or damage. You must appreciate that in developing countries service in hotels, on tour and in restaurants cannot be expected to be of the same standard as those in the UK and the term "reasonable standard" must be interpreted accordingly. This is particularly important where "liveaboard dive boats" are involved in a tour and the clear limitations of being on such a small vessel are expressly and unconditionally accepted by you. Diving activities carry inherent risks and each person wishing to participate in such activities may be asked by the supplier to sign liability releases and assumptions of risk and provide a current medical and in all cases must adhere to the restrictions imposed by the supplier and the Principals.
13 Force Majeure Tour and Flight. The Principals accepts no responsibility for and shall not be liable in respect of any loss or damage or alterations, delays or changes arising from unusual and unforeseeable circumstances beyond its control such as war, or threat of war, riot, civil strife, industrial disputes including air traffic control disputes, terrorist activity, political unrest, change in government regulations, natural and nuclear disaster, floods, fire and adverse weather conditions, technical problems with transport, closure or congestion of airports or ports, seizure or impounding of boats, civil or criminal proceedings.
14 Airlines and Travel Arrangements. All transportation by air, land and sea is subject to the terms and conditions of carriage of the Principals providing the transport some of which limit or exclude liability. Carriers' terms and conditions are often the subject of international agreements, copies of which can be made available for inspection with advance notice at our offices. By its contract with you, the Principals does not enter into an agreement for carriage by air, but only undertakes to reserve on your behalf accommodation on board an aircraft operated by one of the airlines selected by the Principals. Air travel in particular is subject to operational decisions by the carriers and airport authorities which may result in delay or the aircraft being diverted, over which the Principals has no control. At the time of going to print we are unable to confirm the airline operators, carriers and aircraft type for our Red Sea tours.
15 Diving. Proof of diving qualification by a recognised agency is compulsory. Clients must submit their diving qualifications to the Dive Master or Instructor at the dive centre or dive site and if requested to the Principals prior to departure before diving can commence. All clients on the booking form participating in scuba diving must be in good health and not have any medical history of lung disorders, asthma, epilepsy, diabetic or recent surgery and agree to discontinue diving if respiratory congestion or a head cold or any other medical condition takes place during the holiday. If the client has any medical condition contrary to these requirements he/she must produce a diving medical certificate of fitness prior to diving. Failure to provide satisfactory diving qualifications or medical certificates will not result in any liability whatsoever on the part of the Principals and you agree to indemnify the Principals on demand from any liability to it or to third parties as a result of your breach.
16 Responsibility for Diving. The Company has taken great care to choose the diving schools and operators and makes every effort to ensure the highest standards of diving etiquette and safety. However, clients are advised that diving takes place at their own risk and they must behave in a fit and proper manner at all times in accordance with all recognised diving practices and procedures and take proper responsibility for their own safety. Clients are advised that certain diving sites are very remote, either by distance or time or both, from a recompression chamber you accept such circumstances and the risks involved. The Principals reserves the right to require to withdraw from the holiday any person whose actions or conduct is considered by the Principals in its absolute discretion to be incompatible with the comfort and safety of the Principals other clients or to be offensive to them. In the event of such conduct, no liability whatsoever will be owed to that person by the Company upon withdrawal from the holiday.
17Travel Documents for Flight and Tour. The Company will advise you on what travel and health formalities may be required for your holiday. However, it is your responsibility to ensure that all necessary travel documents such as passports, visas and diving qualifications are obtained and are valid.
18 Complaints over the Flight and/or Tour If you have cause for complaint whilst on holiday, you must bring it to the attention of the on-site local representative or agent of the Company who will then do their best to rectify the situation. It is unreasonable to afford the Company or its representatives no opportunity to rectify any problem whilst on holiday and failure to do so on your part may affect your right to compensation. Should any problem remain unresolved, any complaint must be made in writing to the Company within 14 days of completion of the holiday, time of the essence. No refund or Compensation will be made or given for any unused hotel/apartment accommodation or any unused services or features of the tour/holiday, nor will such accommodation, services or features be exchangeable for any other accommodation, services or features. We do not have to investigate complaints which you did not report to your local representative whilst in the resort.
19 Insurance for Flight and Tour. It is your responsibility to ensure that you have and a condition of this agreement that you have adequate valid insurance cover. The Principals recommends insurance which it believes provides suitable cover, details of which are outlined on the back of the Booking Form. It is a condition of booking your holiday that you have taken out adequate valid 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. The maximum cover for cancellation and curtailment of your holiday is up to the cost of the holiday unless this amount exceeds £4,000 per person. As the Principals considers full insurance cover to be essential, clients will be issued with Travel insurance on receipt of your insurance premium when booking, unless you indicate in writing to the contrary. If you do not take out the Principals recommended policy, you must when booking, provide the Company with full details of the alternative insurance ("Your Policy") you have taken including the name of your insurer, the premium receipt, copy policy, the policy number and the emergency contact telephone number. You are required to ensure that your policy has an endorsement for scuba diving if you are undertaking it as part of your tour. Please note that in the event of cancellation, insurance premiums are non-refundable. Please advise your own insurers that the Principals is an additional insured on Your Policy.
20 The Law. Your agreement with the the Principals is governed by the laws of Scotland and is subject to the exclusive jurisdiction of the Scottish courts where Red Sea Divers Ltd act as principles. Please Note however, that most other Tour operators for whom we act as agents will be governed by the laws of England and Wales and is subject to the exclusive jurisdiction of the courts of England and Wales
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