AFRICA DIVE AND SAFARI LIMITED

Booking Terms and Conditions
All bookings are made with Africa Dive and Safari Limited, (the “Company”) and are subject to the following conditions:
Please note that when making air travel and/or other transport arrangements the Company may act as an agent on behalf of the relevant airline or other transport provider, in which case:– (i) the Client’s contract for air travel and/or other transport will be with the relevant airline or other transport provider and subject to their standard terms and conditions (ii) the booking conditions on this page will apply to all other components of the Client’s holiday, and the word “holiday” or “booking” as used in these conditions refers only to those components; and (iii) for the purposes of the Package Travel, Package Holidays and Package Tours Regulations 1992, the air travel and/or other transport will not form part of any “package” sold to the Client by the Company.

1. Direct Bookings and Payment
1.1 Booking: The lead client must complete and sign a booking form and agree to be bound by these terms and conditions. The booking form must be signed by a person over the age of 18 on behalf of all the individuals named on the booking form (each a “Client” and together the “Clients”). A booking is only accepted and becomes definite when the Company has confirmed the booking in writing by sending a Confirmation invoice to the person signing the booking form. It is at this point that a contract comes into existence between the Company and each of the Clients in respect of local arrangements. The Company reserves the right to decline any booking at its discretion.
1.2 Payment: A 25% deposit is required at the point of booking. Some holidays may require a higher deposit and in such cases the Client will be notified at the point of booking. The balance of all moneys due in respect of the booking must be paid at least twelve (12) weeks prior to departure. The amount due will be specified on the Invoice sent to the person signing the booking form. If full payment is not received by the final payment date, the Company will treat the entire booking as cancelled, the deposit will be forfeited and any cancellation charges charged. If the booking is made within twelve (12) weeks of departure, full payment is required with the booking form.

2 Online Bookings and Payment
2.1 Booking: In order to complete the online booking the Client is required to agree to the standard booking terms and conditions. No booking is possible without this agreement.
2.2 Payment: A 25% deposit is required at the point of booking. Some holidays may require a higher deposit and in such cases the Client will be notified at the point of booking. The balance of all moneys due in respect of the booking must be paid at least twelve (12) weeks prior to departure. The amount due will be specified on the Invoice sent to the person signing the booking form. If full payment is not received by the final payment date, the Company will treat the entire booking as cancelled, the deposit will be forfeited and any cancellation charges charged. If the booking is made within twelve (12) weeks of departure, full payment is required with the booking form.
2.3. Every effort is made to ensure the accuracy of the prices on the Company’s website. However, the Company reserves the right to amend the price of any booking if the price quoted on the website was incorrect. The Client has the option to cancel the holiday if there is an increase in price of more than 10%.

3. Group Bookings
In the case of a group booking, the person signing the booking form warrants that (i) they have the consent and authority of each Client named on the booking form and any accompanying lists (or, if applicable, a parent or guardian) to sign the form on their behalf and to contract with the Company on the basis of these conditions, (ii) that they have brought these conditions to the attention of each Client (or a parent or guardian) and (iii) that each Client agrees to be bound by these conditions.

4. Cancellation by Client
4.1 If a Client needs to cancel a booking, the lead client must advise the Company in writing. The date of cancellation is the date the Company receives the cancellation notice. In the event of cancellation, the deposit and any insurance premium are not refundable. The Client is also responsible for the following cancellation charges:
Amount of cancellation charge (expressed as a % of total journey cost exclusive of insurance)
60 days or more - deposit
59-40 days - 75%
39-0 days - 100%

Please note that many airline tickets are non changeable and non refundable. Cancellation may result in 100% loss of all money paid towards the airline tickets.
If the money needs to be refunded to a credit or debit card, additional charges may apply.
If the reason for a cancellation falls within the terms of the Client’s holiday insurance policy, the Client should make a claim to the insurance company for recovery of charges.
4.2 Transfer of booking to another person
If the Client is prevented from taking up his booking by illness, jury service, redundancy, unavoidable work commitment or the death or serious illness of a close family member, the Client may transfer his booking to another person acceptable to the Company provided that: (i) The new Client meets all of the requirements for the trip set out by the Company and the suppliers (ii) the transfer is requested in writing at least two weeks in advance, (iii) the request is accompanied by documentary proof of the reason for the transfer, any tickets or vouchers already received from the Company, full details of the person who will take over the booking, any balance due for the booking and the appropriate administration fee (see below); and (iv) the person taking over the agreement agrees to be bound by the booking conditions. The administration fee will be £50 per booking, plus all charges of whatever nature levied by the Company’s suppliers. Clients should be aware that some suppliers, particularly airlines, may charge a 100% cancellation fee and the cost of a new ticket.
4.3 Dive club and group trips
Dive club and group trips bookings can only be operated if there is a sufficient number of Clients to make it viable. Whilst the contract for the group members is made with each Client it is made subject to their agreement that if the group withdraws its support for the journey, the journey will be cancelled and normal cancellation charges will be levied by us in accordance with condition 4.1. If some Clients cancel their bookings with the result that the trip is no longer viable to operate for the remaining members of the group, the journey as a whole will be cancelled and normal cancellation charges will be levied by the Company on all group members. If some group members cancel but the journey can still be operated viably only those members who have cancelled will pay cancellation charges in accordance with condition 4.1.
In the case of a group booking, if the number of clients in the booking changes, the Company reserves the right to revise the cost of the trip and if necessary raise an administrative charge. Should the client refuse to accept and pay the above charges, the company may cancel the booking and retain any payments made.

5. Cancellations by the Company
5.1 Journey Cancellation: The Company reserves the right to cancel the holiday in any circumstances, including insufficient number of bookings to make the holiday commercially viable. If the Company has to cancel due to insufficient numbers, the Company will notify Clients at least 6 weeks before departure. No compensation will be payable. The Company will not cancel any journey less than 6 weeks before departure except in exceptional circumstances. Exceptional circumstances include war, threat of war, riot, civil strikes, industrial dispute, terrorist activity, natural or nuclear disaster, fire or adverse weather conditions or other similar or unusual or unforeseen events which prevent the performance and/or prompt performance of this contract. In these circumstances the Company cannot accept liability or responsibility for such events nor payment of compensation.
5.2 Booking Cancellations: A booking may be cancelled by the Company or be treated by the Company as cancelled by the Client, due to non-payment or for reasons of health and safety. In addition, and subject to these conditions, the Company reserves the right to cancel individual bookings or terminate any arrangement at is discretion and where the Company cancels or terminates in circumstances not involving a breach of this agreement by the Client, all moneys paid by the Client will be refunded (less any insurance premium).

6. Changes to booking by the Client
If the Client wishes to make any alterations to the holiday the Company will make every reasonable effort to accommodate these changes, but cannot guarantee that alterations will be possible. If the alterations are possible they will be subject to the additional charges imposed by the supplier and the sum of £50 to cover administrative costs. All requests for changes must be made in writing. Please note that where extensions are required this may necessitate the alteration of flights, which may result in having to purchase new air tickets.

7. Changes to the booking by the Company
Each Client accepts that due to the nature of the holiday there has to be an element of flexibility in the itinerary and that changes may be required. Whilst the Company has made every effort to ensure the accuracy of the information provided, the Company reserves the right to make reasonable changes which they consider are necessary or advisable but will endeavor to minimise the impact of any such changes. In cases where accommodation has to be amended, similar or better accommodation will be provided wherever possible. No compensation will be payable.
The Company reserves the right to make changes to and correct errors in quoted prices at any time before the booking is confirmed.

8. Client Conduct
Each Client agrees to accept the authority of the Company’s or any sub-contractor's tour leaders and guides for the duration of their journey, and to follow any safety guidelines given. If, in the opinion of a tour leader or guide, the conduct of any Client appears likely to endanger the safety and well being of any individual, or to cause distress or annoyance or damage to property, the leader or guide may ask that person to leave the tour without any right to refund, compensation or indemnification. In this event, the Company’s responsibility ceases immediately.

9. Surcharges
All prices quoted in the Company’s literature are calculated and based on current hotel, transport and other charges relative to the Client’s holiday as known to the Company at the time of publication. Whilst the Company is anxious that there should be no change in any of the quoted charges, the Company is obliged to adjust its prices should there be any unforeseen fluctuation in the value of the pound prior to the commencement of travel. Other items which may involve a surcharge, but which the Company hopes to be able to absorb, entirely at its discretion, include costs over which the Company can have no control, the actions of governments, currencies, transportation costs, including fuel charges, overlying charges and increases in scheduled fares. In this case the Company will absorb an amount equivalent to 2% of the holiday moneys. Any amount in excess of this 2% will be surcharged on the cost of the holiday. No surcharges will be imposed within 30 days of departure.

10. Company’s Responsibility
10.1 Holiday: Subject to Condition 12.2, other than in respect of death, personal injury and illness, the Company accepts responsibility should any part of the holiday not be supplied as described in the itinerary (subject to Condition 7) and the services offered not reach a reasonable standard. In such cases, the Company will pay reasonable compensation provided that the Client’s enjoyment was adversely affected and there was failure to perform or improper performance by the Company, its agents or suppliers, provided that such failure or improper performance was not due to any of 10.2.1-10.2.3 below.
10.2 Death, injury, illness: Subject to Condition 12.2, if any Client suffers death, bodily injury or illness as a result of any failure to perform or improper performance of any part of this agreement by any one of the Company’s employees, agents, suppliers or sub-contractors, the Company will accept responsibility provided they were at the time acting within the course of their employment except where the failure to perform or improper performance was due to:
10.2.1 the Client’s own acts and/or omissions, or
10.2.2 those of a third party not connected with the provision of the services and which were unforeseeable or unavoidable, or
10.2.3 an event which neither the Company nor the supplier of the service(s) in question could have foreseen or forestalled even with all due care.
Notwithstanding any other provisions of this clause, the Company’s liability and/or the amount of compensation payable by the Company is limited in accordance with relevant International Conventions, as amended, namely the Warsaw Convention, the Montreal Convention, the Geneva Convention, the Berne Convention, the Athens Convention and the Paris Convention.
10.3 Assignment of rights: Should any payment be made to any Client by the Company in any of the circumstances referred to in this Condition 10, the Company reserves the right to claim in their place against the person or organisation responsible for causing the illness, injury or death. This means that the Client must agree to assign the rights they have against such person or organisation to the Company who will be subrogated to those rights. The Client must also agree to assist the Company and its insurers in pursuing such a claim. All claims must be notified to the Company in writing within 28 days of the return from the holiday.

11. Personal Health
11.1 Medical Forms: To ensure the health and safety of each member on the holiday, each Client is required to fully complete and sign a confidential medical form provided by the Company. The forms must be returned to the Company with the booking form. Each Client must give full details, particularly of any condition (medical, physical, psychological, behavioural) which might affect them or other participants during the holiday. Each Client must update the Company with any changes to their form prior to departure. The Company reserves the right to require any Client to provide medical evidence of fitness to travel and to cancel a Client’s booking where, in the opinion of the Company satisfactory evidence has not been provided or insurance has been refused on medical grounds, in which case all moneys paid by the Client will be refunded less any insurance premium, charges by suppliers and an administrative charge of £50. Any failure to make full disclosure on a medical form will be a breach of these conditions and result in the Client being excluded from the holiday in which case all moneys paid will be forfeited.
11.2 Medical Treatments: It is a condition of joining a holiday that in cases of emergency the Company has the authority of Clients, or parents or guardians where relevant, to arrange the necessary medical or surgical treatments and to sign any required form of consent on their behalf.
11.3 Personal Medications: Where a Client is on a course of medical treatment during the holiday, the Client is responsible for bringing and administering all drugs and other causes of treatment required.

12. Acceptance of Risk
12.1 The Company accepts a booking on the understanding that each Client named on the booking form has fully considered the nature of the holiday and the environment, and is aware of (i) the different level of risks involved in holidays of this nature compared to the levels of safety normally experienced at home and at work, and (ii) that, depending on the holiday booked, risks may include, without limitation: high temperatures, changing climate, decompression sickness, altitude sickness, rough terrain, physical exertion, local fauna, remoteness from normal medical services, and difficult evaluation procedures.
12.2 Where the relevant booking involves scuba diving or any other dangerous sport, the Client acknowledges that such activities are potentially dangerous and hazardous and injury and/or death can occur. The Client accepts these risks and will accept full and complete responsibility for any and all damages, equipment, loss or injury, including death, and the Company assumes no responsibility or liability in the event of such damages, equipment loss or injury except insofar as any Client suffers death, bodily injury or illness as a result of any failure to perform or improper performance by any one of the Company's employees, agents, suppliers or sub-contractors provided they were at the time acting in the course of their employment. The Client acknowledges that prior to the Client's first dive with each dive centre on the holiday, the Client will be asked to complete a waiver and the Client will not be able to dive before such waiver is completed.

13. Insurance
All Clients are required to have insurance with cover appropriate to the nature of the holiday. Without prejudice to the generality of the foregoing, such insurance must cover the costs of airline delays and cancellation of flights, cancellation by the Client and the cost of assistance, including repatriation, in the event of accident to, or illness of, the Client and in the event of insolvency of the Company and, where the Client is diving or taking part in any other so called "dangerous sport", cover appropriate for such activity. All Clients must specify the insurance company name, policy number and emergency contact number on their booking form.

14. Flights
14.1 Seating and aircraft: At the point of booking it may not be possible to confirm the airline, aircraft type or airport of destination. Any information given in relation to the above is subject to change and any such change does not entitle the Client to cancel or make changes to the booking without the normal charges.
14.2 Flight times: The flight times provided at the point of booking are issued by the Airlines and are subject to change. The Company will not be liable if a flight is rescheduled and this results in the original booking having to be amended. The Company will make every effort to assist in the rebooking of the trip but any additional cost will be at the Client’s expense. It is the Client’s responsibility to check the flight times with the Airlines prior to departure and the Company recommends that the Client reconfirms all flights 72 hours prior to departure. The Company will not be liable if a flight is delayed. In the event of a delay, Airlines generally provide such refreshments, meals and accommodation as they deem appropriate. The Company will not be responsible for any additional costs incurred by the Client in respect of a delay, e.g. buying new tickets, accommodation, transfers etc.
14.3 Luggage: The amount of luggage that the client is allowed to take on a flight is determined by the Airline. At the point of booking, any details provided by the Company regarding the weight restrictions are provided as a guide. Airlines regularly update their weight restrictions and it is the responsibility of the Client to check the current weight restrictions with the Airline prior to departure. The Company will not be responsible for any excess luggage charges incurred by the Client.

15. Passport, VISA and health
All Clients must be in possession of a valid passport with the required number of blank pages, have the necessary visas and medical certificates. All information and advice given by the Company on passports, visas, vaccinations etc. is given in good faith. Such requirements are subject to change and the Client is responsible for checking current requirements before departure. It is the Client’s responsibility to ensure that they comply with all applicable requirements and takes with them all documents required for the holiday. The Company will not be liable for any failure by the Client to discharge these responsibilities and the Client will have to reimburse the Company for any costs it incurs as a result of such failure on the part of the Client.

16. Special requests.
If any Client on the booking has a special request, the lead passenger should inform the Company of it in writing at the time of booking. The Company will advise the relevant supplier of the requirements, but the Company cannot guarantee that such requests will be met. In cases where special arrangements have been made, the Company will notify the lead client in writing. Until such confirmation has been issued, the special request can not be considered to be arranged.

17. Unused Services and refunds
There will be no refunds or compensation for any unused accommodation, meals, flights, services or activities booked nor are these exchangeable or assignable to others. Any alterations made by the Client during the holiday are entirely at the Client’s own expense. Especially relevant is any unused pre booked diving which cannot be refunded.
Where an activity, e.g. diving has to be cancelled due to bad weather no refund will be made. A refund will be given for activities cancelled due to the supplier being unable to supply the service, e.g. mechanical failure or staff sickness.
No refunds will be made for cases where low visibility results in poor diving conditions.

18. Additional Services
Any services purchased locally, even if these are arranged by the Company’s local agent or a local supplier, do not form part of this contract.

19. Complaints
If the Client has a complaint during their holiday, they must notify the Company’s local representatives and the hotel management as soon as possible thereby providing the Company’s representatives the opportunity to rectify the problem. Failure to do so will reduce or even extinguish the Client’s legal rights. If the Client feels that the complaint has not been dealt with satisfactorily, the Client should write to the Company within 28 days of return. Disputes arising out of this contract or in connection with this contract which cannot be amicably settled will be referred to the Office of Fair Trade.

20. Financial security
Africa Dive & Safari holds an Air Travel Organiser’s License granted by the Civil Aviation Authority. This means that the air holidays and flights are ATOL protected. Our ATOL number is 9164. In the unlikely event of our insolvency, the CAA will ensure that you are not stranded abroad and will arrange to refund any money you have paid to us for an advance booking. For further information, visit the the ATOL website at www.atol.org.uk

21. Payment
21.1 Payment by cheque: Please make cheques payable to Africa Dive and Safari Ltd and send with completed form to: 2 Homefield Road, Wimbledon Village, London, SW19 4QE.
21.2 Payment by credit card: (Access/ Visa/ Delta/ Maestro) there is a 2% charge for all payments made by Access, Visa and Mastercard. There is no charge for Maestro or Delta.

22 .Waiver and Governing Law
These conditions may only be waived by the Company’s Director in writing. All conditions are subject to the laws of the United Kingdom and both parties shall submit to the jurisdiction of the English courts at all times.

October 2008