Booking Terms and Conditions
1. ASSUMPTION OF RISK
Suborbis Travel Limited, T/AS Gap Year Diver (now referred to as STL), offers you the opportunity to participate in scuba diving activities as well as adventure based activities. Scuba diving as a sport exposes you to inherent risks such as drowning, decompression sickness or being harmed by sea creatures. By agreeing to these terms you agree to take full responsibility for your own actions, safety and welfare, except for unanticipated events including injury, illness, emotional trauma, or death. You also understand that you will be a member of a group and will conduct yourself in a way that will not endanger the group or yourself. We accept your booking on the understanding that you appreciate the potential risks involved in the scuba diving and adventures, including injury, disease, loss/damage to personal property and that you are physically capable of participating in scuba diving and other adventures associated with each programme.
2. OUR AGREEMENT WITH YOU
When you make a booking you guarantee that you have the authority to accept and do accept on behalf of your party the terms of these booking conditions. You will also become directly responsible for the payment of the total trip price and if applicable and appropriate, any cancellation charges. A contract will exist as soon as we receive your deposit.
This contract is made on the terms of these booking conditions which are governed by English Law and we both agree to submit to the jurisdiction of the English Courts at all times and not to involve or attempt to involve courts in other jurisdictions.
3. YOUR PROGRAMME PRICE
When you make a booking you must pay a £250 non-refundable deposit. This deposit will then be deducted from your programme price. You will then be issued with an invoice detailing your programme inclusions and outstanding balance. The outstanding balance of your programme must be paid no later than 60 days before the departure date.
Please contact our UK office to check availability, to discuss and fine-tune the arrangements for the programme of your choice and to make a provisional booking. We will hold an option for you pending receipt of a completed and signed Booking Form accompanied by a deposit for £250.00 of the total booking price. On receipt of this, your booking will be deemed to be definite and a contract will exist between us.
5. BOOKING FORM
Completion of the Booking Form (whether a hard copy of electronically) by the passenger and submission to Suborbis Travel Limited shall be deemed to be consent to the above conditions on behalf of the passenger and the person named on the Booking Form.
6. OUR PRICE GUARANTEE
The price of your trip is fully guaranteed and will not be subject to any surcharges. Whilst we reserve the right to increase or decrease brochure and web prices at any time (subject to supply and demand), once you have booked your trip and paid the deposit, the price of your trip as shown on your invoice is fully guaranteed. This price will not be subject to any changes, surcharges or known taxes unless you subsequently amend your trip after it is issued. Once booked, your trip price is fully guaranteed.
7. LATE BOOKINGS
For Reservations made within 60 days of departure, the full programme fee shall be due and payable within 5 working days of the confirmation to secure a place on the selected programme. Subsequent cancellation by you will result in cancellation charges as outlined in section 10 below.
8. COURSE FEE PAYMENT
No person will be allowed to commence a programme unless the company have received cleared funds, or evidence of cleared funds, prior to your date of departure. Please note that if we do not receive full payment 60 days before departure we reserve the right to cancel the trip and you will be responsible for the cost of any cancellation charges levied.
9. FORMS OF PAYMENT
- Cheque: Please make cheques payable to 'Suborbis Travel Limited Trust Account'
- Bank Transfer: Please reference your payment with your invoice number
- Debit / Credit card: If payment for your booking is made by credit card, a handling fee is payable, as advertised. No charge is made for payments made by Debit Card
10. CANCELLATION CHARGES
If the Customer wishes to cancel his / her programme for any reason after our confirmation, he/she must do so by written notice to Suborbis Travel Limited whereupon the following cancellation charges ("Cancellation Charges") shall apply:
(a) Notice of cancellation given more than 60 days notice prior to the programme start date - no refund of deposit and any credit card fees incurred, no other part of the Fee due;
(b) Notice of cancellation given 60 - 15 days inclusive prior to the programme start date - 50% of the Fee is payable (plus any credit card charges); and
(c) Notice of cancellation given less than 14 days prior to the programme start date - 100% of Fee is payable (plus any credit card charges).
For bookings received less than 60 days before the programme start date the Cancellation Charges shall apply as set out above.
The Customer acknowledges the Cancellation Charges are reasonable to protect Suborbis Travel Limited against losses caused by commitments entered into with Suborbis Travel Limited suppliers in anticipation of the Customer's attendance on the programme.
Absolutely no refund request will be accepted over the phone. All refund requests must be submitted to Suborbis Travel Limited in writing. Refunds are not granted for:
- occasionally missed tours or meals
- unused portions of a programme covering land arrangements after commencement of travel
- inability to complete a programme due to the customer’s poor attendance at lessons
IMPORTANT NOTE: Compensation payments do not apply to circumstances beyond our control. We can cancel your programme or other activities in the following circumstances: war, threat of war, riots, civil strife or terrorist activity, industrial disputes, natural or nuclear disasters, fire, technical problems with transport, airport closures, bad weather conditions and similar events beyond our control so called “force majeure”. You must refer to your insurer to claim compensation.
The Customer acknowledges that Suborbis Travel Limited cannot arrange air travel to the programme destination. The programme fee does not include any allowance for air travel which is payable by the customer at his/her own expense. It is the customer's sole responsibility to reserve his/her own air travel. If the Customer wishes to cancel his/her programme because no flights were booked the cancellation charges outlined at section 10 shall nevertheless apply. If you are travelling from the UK, please ensure you book your trip with a registered ATOL holder (full details can be found at www.caa.co.uk). Full details of flights to each destination can be found in the members’ section of the website and Suborbis Travel Limited recommends that flights are booked as soon as possible after confirmation on a programme.
We will accept liability for claims for personal injury arising as a result of our staff and suppliers being negligent while in the programme of their contract. We cannot accept liability in the following circumstances:
a) If you or any member of your party is at fault.
b) If the failure is the fault of someone else not connected with providing the services which make up the holiday which we have confirmed to you.
c) Any unusual or unexpected circumstances beyond our control, which we could not have avoided even if we had used all care possible.
d) Any event which we or the supplier of any service could not help, expect, or prevent.
e) Any delay, loss of luggage or cancellation of the customer's outbound or return flights, and in particular Suborbis Travel Limited is not obliged to make any refund to the customer for any delay to the customer's participation in the programme.
If our suppliers can exclude or limit liability under any international convention, we will rely on that exclusion or limitation. Any compensation we pay for claims against us, other than compensation for personal injuries, will not be more than the cost of your booking.
14. RESPONSIBILITY OF DIVING
The Customer will be required to sign a disclaimer on commencement of the programme whereby he/she shall acknowledge the risk of accident, personal injury or death and agree to participate at his/her own risk. Nothing in that disclaimer shall affect Suborbis Travel’s liability to the customer for death or personal injury resulting from the negligent acts or omissions of Suborbis Travel Limited and any of its employees.
Suborbis Travel Limited has taken all reasonable precautions in choosing the diving schools and operators and makes every effort to ensure the highest standards of diving etiquette and safety. All service providers are qualified to run the programme and it is the providers, not Suborbis Travel Limited, who owe a duty of care to the customer to ensure his/her safe participation during the programme. Any activity which a customer reserves outside the programme shall be undertaken at customer's sole risk.
It is a condition of the Customer's contract with Suborbis Travel Limited that he/she take out appropriate personal, medical, third party liability (up to a minimum insured risk of £2,000,000 any one claim) and travel insurance by reference to all forms of sporting and extreme sporting activities which the Customer envisages he/she will participate in during the programme. It is advised that the insurance covers the customer for the cost of the programme in the case of unavoidable cancellation and for flight cancellation under permitted circumstances, damage to or loss of personal belongings.
16. MEDICAL CONDITIONS
It is a condition that the customer informs Suborbis Travel Limited at the time of booking the programme of all medical conditions (past or present) which could effect the customer's safe participation in the programme.
17. EXCLUSION FROM A PROGRAMME
Suborbis Travel Limited reserves the right to exclude a customer from participating in any programme if the customer is accused of any criminal offence, is in possession of stolen property, is in possession of or uses illegal drugs, behaves in a manifestly anti-social manner to other Suborbis Travel Limited customers and/or service providers and their staff and/or acts in a dangerous or threatening fashion to other customers, repeatedly disrupts the programme and/or ignores provider's safety instructions.
The Customer agrees to accept the accommodation allocated by Suborbis Travel Limited which shall be represented accurately on the Gap Year Diver website (www.gapyeardiver.com). If, for any reason your accommodation is unsuitable, Suborbis Travel Limited will try to find you accommodation of a similar nature and re-house you for the remainder of your stay. Under no circumstances shall money be refunded because the customer is unhappy with the accommodation.
19. SAFETY INSTRUCTIONS
The customer agrees that he/she will observe all safety instructions given by the instructor.
20. PROMOTIONAL MATERIAL
Suborbis Travel Limited may take pictures and video material throughout a particular programme and reserves the right to use any such material exclusively in Suborbis Travel's advertising or marketing material without the customer's permission. The Customer consents to such use.
21. IF ANYTHING GOES WRONG AND COMPLAINTS
If you have a problem during your trip, please inform the relevant supplier (e.g. your dive centre) and our resort representative immediately, who will endeavour to put things right. Your complaint will be recorded on a Customer Service Report Form, which will be given to you by our Representative. If your complaint is not resolved locally, please follow this up within 28 days of your return home by writing to our Customer Services, Suborbis Travel Limited, Tyte Court, Great Rollright, Oxfordshire, OX7 5RS, giving your booking reference and all other relevant information. Please keep your letter concise and to the point. This will assist us to quickly identify your concerns and speed up our response to you.
It is strongly suggested that you communicate any complaint to the supplier of the services in question as well as to our representative without delay and complete a Customer Services Report form whilst in resort.
If you fail to follow this simple procedure we will have been deprived of the opportunity to investigate and rectify your complaint whilst you were in resort and this may affect your rights under this contract.
Please note that under article 15(9) of the EC Directive - The programme Travel Regulations 1992, you have an obligation to make your complaint known in resort to our local representative. The Directive states the following: "the consumer must communicate any failure in the performance of a contract which he perceives, to the supplier of the services concerned and to the organiser and/or retailer in writing or any other appropriate form at the earliest opportunity".
22. VISAS AND PASSPORTS
It is your responsibility to ensure you are in possession of a valid passport and any visa, which might be necessary. Non British Passport holders are required to check with the consulate of the country to which they intend to travel for visa requirements.
All British Citizens now need a full 10-year British Passport for all overseas visits. You are not permitted to travel on 1-year visitor's passports. It is essential that you travel with a valid passport (6 months) and it is your responsibility to check that your passport is valid on the dates that you travel. If you need to apply for a passport or renew an existing one, you must do so well in advance of travel.
23. BROCHURE ACCURACY
We will provide the facilities and services advertised in the brochure. If our suppliers or ourselves withdraw those facilities or services or limit them for any reason, we will try to tell you and where appropriate pay you compensation. We cannot pay any compensation for events which, are outside our, or our suppliers' control. Outside the peak season and during religious Muslim festivals (e.g. Ramadan) it is common for facilities and services to be less widely available, both in your accommodation and in your trip resort generally. We cannot accept liability in those circumstances.
If we know about building work or other noise likely to affect your trip arrangements we aim to tell you before you leave.
The information in our brochure is checked and is known to be correct on the date the brochure went to print (March 2010). However, as this is many months before you take your trip and despite careful checks, errors or changes may occur after the date of publication. If we are made aware of such errors, we will of programme endeavour to inform you of them at the time of booking. Public trips and religious festivals also affect the availability of resort and hotel facilities. The relevant National Tourist Office can provide details of such events and further information regarding your chosen trip resort.
24. SYSTEMS ERRORS
In the event of a costing error being given either by our reservations system or appearing on the confirmation invoice, the price/costing as appears in the brochure or relevant late availability offer will prevail. Accordingly, you may not seek to rely on reservations system errors or website prices with a view to obtaining a trip at less than the correct cost. Please note that any contract entered into upon a mistake, such as a wrong costing, is not valid or binding.
25. AMMENDMENTS TO TERMS
Suborbis Travel Limited may amend these terms at any time by giving the customer notice by either email or by posting the amended terms on the Gap Year Diver website. Any amended terms will govern new customer bookings from the date that the amended terms are posted on the Gap Year Diver website.
This Agreement contains the entire agreement between the customer and Suborbis Travel Limited with respect to its subject matter, supersedes all previous agreements and understandings between the parties, and may only be modified by Suborbis Travel Limited in accordance with the above paragraph.
26. AGREEMENT OF TERMS
Each party acknowledges that, in entering into this Agreement, it does not do so on the basis of or rely on any representation, warranty or statement made by Suborbis Travel Limited, except as expressly provided in this Agreement, and accordingly all conditions, warranties or other terms implied by statute or common law, are hereby excluded to the fullest extent permitted by law. These terms must be read carefully and accepted by you before you enter into contract with us. Failure to take these matters into consideration before you book may lead to subsequent disappointment, for which we cannot accept responsibility.
27. ENGLISH LAW
This contract is subject to English Law and Jurisdiction. Any proceedings must be commenced in an English Court of Law.