Group Terms and Conditions Effective 1 st June 2013
Contents 1. INTERPRETATION... 2 2. YOUR BOOKING... 3 3. PRICE... 4 4. CANCELLATION POLICY... 4 5. CHANGES TO YOUR BOOKING... 5 6. PASSPORT, VISA AND IMMIGRATION REQUIREMENTS... 7 7. INSURANCE... 7 8. MEDICAL... 7 9. EXCURSIONS... 8 10. PAYMENT... 8 11. LIABILITY... 8 12. CONDUCT WHILE TRAVELLING... 9 13. COMPLAINTS... 9 14. LANGUAGE... 10 15. GOVERNING LAW AND JURISDICTION... 10 16. CONTACT... 10 Page 1
1. Interpretation 1.1. Definitions Activities all Activities provided by directly Us, excluding Excursions and Supplementary Services. Agent Our role whereby We are not a principal to a contract and act as Agent only. In such cases, We shall have no liability whatsoever and howsoever arising to You. Applicable Law(s) means the domestic, or if applicable international laws which may apply to Your Holiday, Your Booking(s) and/or the Activities and/or these Group Terms and Conditions or arising out of Activities or as otherwise determined by Us. Booking(s) means a reservation confirmed by Us, for You, against which Payment has been made or is due, in accordance with these Group Terms and Conditions and the delivery of any other applicable terms and conditions which may be incorporated into the Booking(s) or carriage whether or not by express reference. Currency means Great British Pounds, United States Dollars, Australian Dollars or Euro. Days means a period of time commencing at midnight and finishing after 24 continuous hours has lapsed. Departure Date means the first date upon which Your Holiday commences. Dive Injury Insurance an appropriate and adequate insurance policy that covers all risks and all costs and expenses likely to be incurred as a result of a diving injury, including but not limited to; recompression chamber treats; air evacuation, loss or damage to person and/or possessions and which is available in the commercial insurance market. Excursions those Activities provided by third party suppliers that are not included as part of the Booking(s) made with Us. Group Booking means a Booking(s) consisting of 8 spaces (a half charter) or 14 16 spaces depending on the Vessel booked (a full charter). Holiday means Your Booking(s) with Us. International Convention(s) means Montreal Convention, Athens Convention, Berne Convention or Paris Convention and the associated Protocols and any other applicable amendments and/or additions as may be incorporated from time to time into Your Booking(s) and/or these Group Terms and Conditions. Lead Name means a person nominated at the time of Booking(s) to act on behalf of and with the authority of, all other named persons on the Booking(s). Local Representative means a person representing Us and Our interests, in resort or on-board a Vessel. Major Change means an alteration to Your Booking(s) which may include, but not confined to, a significant change of destination or a change in Vessel to that of an inferior standard. It does not include departure or arrival delays occurring within 24 hours of the Departure Date. Page 2
Medical Evacuation Insurance an appropriate and adequate insurance policy that covers any and/or all costs and expenses likely to arise from a diving injury, necessitating Your evacuation to a place of specialist care, to include by not limited to; low altitude air evacuation, specialist treatment and direct and indirect losses. Medical Questionnaire means a questionnaire supplied by Us and completed by You, containing questions to ascertain Your suitability to participate in Activities. Nitrox means a specially blended, oxygen rich, gas used in diving. Payment means placing Us in cleared funds using an accepted Payment instrument, in a permitted Currency, as indicated by Us from time to time. Supplementary Services those services whereby We act as Agent only to a third party service provider. Vessel means the boat, yacht or similar that We provide for Your Holiday and/or Activities. We, Us or Our means Worldwide Dive and Sail International Ltd. You or Your all prospective and actual clients of Worldwide Dive and Sail International Ltd. 2. Your Booking 2.1. When You make a Group Booking, We will ask You for a Lead Name. The Lead Name on the Booking(s) guarantees that they have the authority to accept and does by making the Booking(s) accepts these Group Terms and Conditions on behalf of the whole party in their entirety and without limitation. The lead Booking(s) name undertakes that they have authority to act on behalf of all persons named on that Booking(s). This includes accepting any communications, correspondence or notices issued by Us or Our Supplementary Service providers on behalf of all persons or members of the Booking(s) party. The Lead Name on the Booking(s) shall not be younger than 18 years old. 2.2. By providing the Lead Name and contact details You consent to Our use of these contact details in all later correspondence, between You and Us or Our Supplementary Service providers. It is particularly important that the contact details provided to Us are accurate as We will use these details if We need to contact You in connection with Your Booking(s). You must keep Us updated on any changes in Your contact details at all times. 2.3. When undertaking a Group Booking, all members who are a party to the Group Booking become jointly liable for the entire value of that Booking(s). 2.4. Upon receiving confirmation of Your Booking(s), You should check all the details carefully and in any event notify Us within 7 Days of any discrepancies. 2.5. Notwithstanding the above, these Group Terms and Conditions may be supplemented and/or varied by any conditions or carriage, carrier terms, Vessel terms, other terms and conditions or similar as We may determine at Our sole discretion which are incorporated hereto. 2.6. When undertaking a Group Booking, all persons or members a party to the Group Booking will be subject to these Group Terms and Conditions and the General Terms and Conditions applicable. Page 3
3. Price 3.1. All prices are subject to availability at the time of Booking(s). 3.2. We reserve the right to accept a Group Booking where the passenger numbers are lower than the specified spaces for a half or full Charter, subject to availability. Please note that in the event We agree to accept a smaller Group Booking, the pricing may be adjusted to reflect the number of passengers on board. 3.3. Subject to the provisions of clause 3.4, the price quoted to You on the date You confirm Your Booking(s) is the final price payable by You. If We issue an invoice in a currency which differs from the base currency of the boat, the amount of such an invoice would not be subject to any currency fluctuations that may occur pending the settlement of the invoice. 3.4. Any taxes or charges imposed by Government or other authorities, including the operator of an airport, which We are obliged to collect or pay in respect of You and Your Booking(s) must be paid by You to Us. These taxes and charges may include Government imposed taxes and charges, airport taxes, increased fuel costs in the form of a fuel surcharge, or costs for emissions certificates or marine park and port fees or any other charge, fee, tax, cost or similar that has and/or may been imposed by any party, including but not limited to the Government or relevant authority. 3.4.1. Taxes and charges can change or can be introduced without Our influence after Your Booking(s) has been confirmed by Us. If such alterations to taxes and charges are made after the conclusion of the contract (i.e. after receiving confirmation of Your Booking(s) from Us), We can claim a sum from You not exceeding the amount by which the Booking(s) will increase as a result of the change. 3.5. We will make all reasonable efforts to ensure that Nitrox is available to You. There are no additional charges for the provision of Nitrox. We do not guarantee the provision of Nitrox and no refunds will be due in the event it is not available to You. 4. Cancellation Policy 4.1. If You want to cancel Your Booking(s) with Us or any Supplementary Services You must contact Us at the earliest opportunity. 4.2. - Cancellation Charges 4.2.1 In the event of You cancelling Your Booking(s), the following charges will apply unless otherwise confirmed in writing by Us: PERIOD BEFORE DEPARTURE WHEN NOTICE OF CANCELLATION IS RECEIVED CANCELLATION PENALTY PER PAID SPACE 12 months of more 5% 6 months 12 months 20% 3 months 6 months 40% Less than 3 months 100% 4.2.2 Cancellation penalties are expressed as a percentage of the total trip cost per paid space. For cancellations between 3 and 6 months prior to the cruise departure the balance of deposit received against cancelled spaces can be applied to any remaining Page 4
spaces on the same trip, or an equivalent credit will be issued against a future Booking(s). If 8 or more spaces remain after cancellation then the number of free of charge spaces will be reduced to 1. If less than 8 spaces remain then the number of free of charge spaces will be reduced to 0. Please note: Any Supplementary Services cancelled at any time are non-refundable. 4.3 In the event that a member of a Group Booking wishes to cancel, the withdrawing person may be substituted by another, subject to any applicable rules of relevant third parties, in force at the time of substitution. 4.4 If a substitute is not found, the Group Booking may continue, however, the total price to be paid, by the remaining members of the Group Booking will not decrease on a pro rata basis. 5. Changes to Your Booking(s) 5.1. If You wish to make changes to Your Booking(s), We will try to accommodate Your request, subject to availability. We do not guarantee that any such requests will be honoured. 5.2. We will make all reasonable efforts to ensure that the departure times shown in Your Booking(s) are adhered to. However, departure times are not guaranteed and form no part of Your contract with Us. 5.3. If, after receiving confirmation of Your Booking(s), it is necessary to make an alteration to Your Booking(s), We will make all reasonable efforts to contact the Lead Name using the details provided to Us at the time of Booking(s). 5.4. In the event We make a Major Change to Your Booking(s), before You travel, You may choose one of the following options: a) Accept the new arrangements made by Us. b) Accept a replacement Holiday from Us of equivalent standard and price, subject to availability. c) Cancel Your Booking(s) and receive a full refund. 5.4.1. Where a change to Your Booking(s) is required for reasons beyond Our reasonable control, We will provide You with a full refund of the cost of Your Booking(s) (less any reasonable costs and charges) except in the event that Your Booking(s) is cancelled due to a named storm or force majeure event as set out in this clause 5. Our liability to You in these circumstances will be limited to the extent of a full refund of Your Booking(s) (less reasonable costs and charges) and We will not be liable for any other costs and expenses You have incurred in connection with Your Booking(s) including but not limited to, travel insurance, additional trips, flights, hotels, transfers with other suppliers or other ground arrangements including car hire. 5.4.2. Events beyond Our control can include, but are not limited to; war; civil commotion; civil unrest; industrial disputes; terrorist activities; natural disasters, fire, adverse or unusual Weather conditions; epidemics and pandemics; unavoidable or unforeseen technical issues or supply problems Government or operational restrictions, sanctions, embargoes, threats to safety (i.e. such as piracy or kidnapping, etc.) operational or regulatory problems. Page 5
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5.4.3. In the event Your Booking(s) is cancelled due to a named storm in the area that prevents the Vessel from sailing or requires the trip to be curtailed earlier than planned, We will not be liable to provide a refund for the Booking(s) or the unused portion of the Booking(s). You are able to purchase insurance for such an event and are encouraged to ensure this is in place prior to travel. We cannot accept any liability whatsoever or howsoever caused (whether direct or indirect) for loss of the Holiday cost or out of pocket expenses should You fail to do so. 6. Passport, Visa and Immigration Requirements 6.1. You must ensure that You have a full passport (and if applicable visa) with a sufficient validity period to allow entry and exit to all countries indicated on Your Booking(s). 6.2. You must contact the relevant embassy or consulate to ascertain the entry requirements for each individual country listed in Your Booking(s). 6.3. You are responsible for obtaining the correct documentation for entry into each destination country. We do not accept liability if You cannot travel and/or are delayed because of a failure to comply with any passport, visa or immigration requirements. 7. Insurance 7.1. Prior to departing, You must satisfy Us that You have adequate and valid Dive Injury Insurance. 7.2. Prior to departing, You must satisfy Us that You have adequate and valid Medical Evacuation Insurance. 7.3. Notwithstanding the afore-mentioned, We strongly recommend You have adequate travel insurance in place to cover unforeseeable losses including against named storms which are an insurable risk. 8. Medical 8.1. The provision of Activities during Your Holiday is dependent on You being medically fit to participate in the Activities. You are strongly advised to undergo a full medical examination before You Holiday. 8.2. We reserve the right to prevent Your participation in any Activities if You are deemed medically unfit to do so or in Our sole discretion, You are not fit to participate in the Activities. 8.3. If, as part of Your Holiday, You will be scuba diving, You may be required to complete a Medical Questionnaire. A copy of the Medical Questionnaire is available on request from Our offices. 8.4. If We are unsure as to Your fitness to scuba dive, You may be required to undergo a medical examination locally. 8.5. If You hold a diving medical certificate You should bring this with You on Your Holiday. Page 7
8.6. If You are 28 Weeks pregnant (or more), on the Departure Date, You must provide Us with a medical certificate demonstrating Your fitness to travel and partake in the Activities. 8.7. Due to restrictions imposed by airlines, if You are 32 Weeks pregnant (or more) You will not be permitted to travel by air. 9. Excursions In Our capacity as an Agent, We may introduce You to third party suppliers of Excursions or other Supplementary Services. If You choose to enter into a contract for the provision of Excursions or other leisure services, You do so directly with that Third Party Supplier and You agree that You do so at Your own discretion. As Agents, We are not recommending such third party suppliers and We shall have no liability for the performance of that contract or for the introduction to the third party supplier. 10. Payment 10.1 The following Payment terms will apply to Your Group Booking: DATE OF BOOKING CONFIRMATION MORE THAN 18 MONTHS BEFORE DEPARTURE DATE LESS THAN 18 MONTHS BEFORE DEPARTURE DATE DUE UPON CONFIRMATION PAYMENTS DUE AS A PERCENTAGE OF INVOICE TOTAL 12 MONTHS BEFORE DEPARTURE DATE 5% 15% 20% 6 MONTHS BEFORE DEPARTURE DATE 3 MONTHS BEFORE DEPARTURE DATE 50% 30% 10.2 For the avoidance of doubt Booking(s) made within 2 months of the Departure Date must be paid in full at the time of Booking(s). 10.3 Where Payment is not made using an accepted Currency, We will convert the monies into an accepted Currency. The rate of exchange will be calculated as at the date of the Booking. 10.4 We reserve the right to cancel Your Booking(s) if full Payment is not made in accordance with these Group Terms and Conditions. 11. Liability Unless contrary to the Applicable Law(s) or International Convention(s) (which are incorporated into these Group Terms and Conditions), We shall not be liable for any loss, damage or similar (whether direct or indirect and irrespective of jurisdiction) arising from Your Booking(s), Holiday or Activities whatsoever or howsoever arising and as set out below: Page 8
11.1. Save as expressed allowed under the Applicable Law(s) or International Convention(s), We shall have no liability whatsoever (whether arising from the Activities or not) arising from these Group Terms and Conditions for death or personal injury save as set out in clause 11.2 below. 11.2. We will have no liability to You whatsoever or howsoever arising unless caused directly by Our gross negligence or wilful misconduct. 11.3. We shall not be liable to You under any circumstances for or circumstances beyond Our reasonable control. 11.4. Unless contrary to provisions of the Applicable Law(s) or International Convention(s) Our liability in all circumstances whatsoever and howsoever arising shall be shall be limited to 100% of the costs of Your Booking(s). 11.5. Notwithstanding the above, We reserve the right to rely upon any limitation of liability, jurisdictional and/or defence available under the Applicable Law(s) and/or International Convention(s) for any claim made by You against Us. 12. Conduct While Travelling 12.1. During Your Holiday, You may be staying in close proximity to fellow guests and Our staff. If You conduct Yourself in an abusive, inappropriate or threatening manner or in any other way so as to make Yourself objectionable to fellow guest or Our staff, We reserve the right to terminate Your Holiday, forthwith at Our sole discretion, without any liability to You. 12.2. Some of the Activities offered by Us can be dangerous. It is extremely important that You listen to the advice and guidance given by Our staff or Local Representative. We shall have no liability to You if You participate in Activities against Our advice or guidance. 12.3. You should not participate in any Activities whilst under the influence of alcohol or any drugs. We shall have no liability to You if You participate in Activities whilst under the influence of alcohol or any drugs. 12.4. If any equipment or property belonging to Us is damaged or lost We reserve the right to charge You to make good the damage or loss and use the deposit if We so choose. We reserve the right to take a deposit at the time of issuing any equipment to You. 12.5. If Your Booking(s) incorporates a flight, You agree to conduct Yourself in accordance with all of the rules and regulations indicated by the applicable carrier. If You fail to do so in any way, We will have no liability to You. 13. Complaints 13.1 If You have a complaint about Your Booking(s) whilst You are away, You must notify Your Local Representative immediately. In the event You are unable to contact a Local Representative or the Local Representative is unable to resolve the problem, You should contact Us using the details set out in clause 16. 13.2 If, after You return from Your Holiday, You remain dissatisfied, You must contact Us within 21 Days of returning from Your Holiday so We may properly investigate Your complaint. All correspondence should be clearly marked with Your Booking(s) reference number and any supporting documentation (if any). Page 9
13.3 If You fail to make the complaint (in accordance with clauses 13.1 or 13.2 above) within 21 Days of returning from Your Holiday, We reserve the right to refuse Your complaint as any delay in notifying Us of Your complaint could impact Our ability to investigate the same. 14. Language All Bookings and after sales service will be conducted in English. 15. Governing Law and Jurisdiction 15.1 Unless contrary to the Applicable Law(s), any dispute arising out of or in connection with these Group Terms and Conditions (including all non-contractual disputes) shall be governed by and construed in accordance with English Law. 15.2 Unless contrary to any prevailing national or international legislation, any dispute arising out of or in connection with these Group Terms and Conditions (including all non-contractual disputes) shall be subject to the exclusive jurisdiction of the English Courts. 16. Contact 16.1. Your Contact Details At the time of Booking(s), You shall provide Us with a name, address, email address and telephone number of the Lead Name. 16.2. Our Contact Details All enquiries relating to prospective or current Booking(s), as well as after sales service, should be directed to: Worldwide Dive and Sail International Ltd. C/o 10/512 Moo 3 Tambon Vichit Phuket 83000 Thailand Email: info@worldwidediveandsail.com Page 10