Terms and Conditions

 Booking Terms and Conditions  

These Booking Conditions, together with our privacy policy and, where your tour is booked via our website,  our website terms and conditions of use, together with any other written information we brought to your  attention before we confirmed your booking, form the basis of your contract with Dive Safari Asia Limited  of 115 South Road, Taunton, Somerset, United Kingdom, TA1 3EA, (“we” or “us”).  

Snorkel Venture is a trading name of Dive Safari Asia.  

Please read them carefully as they set out our respective rights and obligations. In these Booking  Conditions references to “you” and “your” include the first named person on the booking and all persons on whose behalf a booking is made or any other person to whom a booking is added or transferred.  

By making a booking, the first named person on the booking agrees on behalf of all persons detailed on  the booking that:  

1. He/she has read these terms and conditions and has the authority to and does agree to be bound  by them;  
2. He/she consents to our use of information in accordance with our PrivacyPolicy;  
3. He/she is over 18 years of age and where placing an order for services with age restrictions  declares that he/she and all members of the party are of the appropriate age to purchase those  services.  
4. he/she accepts financial responsibility for payment of the booking on behalf of all persons detailed  on the booking.  

Booking and Paying for Your Arrangements 

booking is made with us when you a) tell us that you would like to accept our written or verbal quotation;  b) pay us a deposit (or full payment if you are booking within 90 days of departure); and c) we issue you  with a booking confirmation. We reserve the right to return your deposit and decline to issue a confirmation  at our absolute discretion. A binding contract will come into existence between you and us as soon as we  have issued you with a booking confirmation that will confirm the details of your booking.  

If your confirmed arrangements include a flight, we will issue you with an ATOL Certificate and a  confirmation. Upon receipt, if you believe that any details on the ATOL Certificate or confirmation or any  other document are wrong you must advise us immediately as changes can not be made later and it may  harm your rights if we are not notified of any inaccuracies in any document within ten days of our sending  it out (five days for tickets).  

The prices shown in our holiday descriptions for resort and liveaboard stays are subject to change. We  will quote you the price applicable to your chosen holiday, based on your chosen arrangements, at the  time of booking. You will have the option to accept or decline our quotation before your booking is  confirmed by us.  

As noted above, to confirm a reservation of arrangements a deposit is required. This will usually be (but  is not limited to) between 20% – 30% of the total price of your chosen arrangements. If our suppliers require  a larger deposit sum we reserve the right to increase this value, you will be notified of this in advance. The  balance of the holiday cost must be received by us not less than 90 days prior to departure. This date will  be shown on the confirmation invoice. Reminders are not sent. If we do not receive all payments due  (including any surcharge where applicable) in full and on time, we reserve the 

right to treat your booking as cancelled by you in which case the cancellation charges set out in Clause 8  of these Booking Conditions will become payable.  

2. Accuracy  

We endeavour to ensure that all the information and prices both on our website and in any  brochures we publish are accurate, however, occasionally changes and errors occur and we  reserve the right to correct prices and other details in such circumstances. You must check the  current price and all other details relating to the arrangements that you wish to book before your  booking is confirmed.  

3. Insurance  

Adequate travel insurance is a condition of your contract with us. You must be satisfied that your insurance  fully covers you and your party against all of your personal requirements including the cost of cancellation  by you, the cost of assistance (including repatriation) in the event of accident or illness, loss of baggage  and money and other relevant expenses. If you fail to travel with adequate insurance cover we will not be  liable for any losses in respect of which insurance cover would otherwise have been available.  

4. Pricing  

The price of your travel arrangements has been calculated using exchange rates quoted on Oanda  (http://www.oanda.com/currency/converter/) on the date of email when the quotation was provided, in  relation to the following currencies: Euro and Dollar.  

We reserve the right to amend the price of unsold holidays at any time and correct errors in the  prices of confirmed holidays.  

The price of your confirmed holiday is subject at all times to variations in:  

(i) transportation costs, including the cost of fuel; or  

(ii) dues, taxes or fees chargeable for services such as landing taxes or embarkation or  disembarkation fees at ports and airports; or  

(iii) the exchange rates used to calculate your arrangements.  

Such variations could include but are not limited to airline cost changes which are part of our contracts  with airlines (and their agents), cruise ship operators and any other transport providers.  

We will absorb and you will not be charged for any increase equivalent to 2% of the price of your travel  arrangements, which excludes insurance premiums and any amendment charges and/or additional  services or travel arrangements. You will be charged for the amount over and above that, plus an  administration charge of £1.00 per person together with an amount to cover agents’ commission. If this  means that you have to pay an increase of more than 10% of the price of your confirmed travel  arrangements (excluding any insurance premiums, amendment charges and/or additional services or  travel arrangements), you will have the option of accepting a change to another holiday if we are able to  offer one (if this is of equivalent or higher quality you will not have to pay more but if it is of lower quality  you will be refunded the difference in price), or cancelling and receiving a full refund of all monies paid to  us, except for any insurance premiums and any amendment charges and/or additional services or travel  arrangements. Should you decide to cancel for this reason, you must exercise your right to do so within  14 days from the issue date printed on your final invoice. We will consider an appropriate refund of  insurance premiums paid if you can show that you are unable to transfer or reuse your policy. 

Should the price of your holiday go down due to the changes mentioned above, by more than 2% of your  confirmed holiday cost, then any refund due will be paid to you. However, please note that travel  arrangements are not always purchased in local currency and some apparent changes have no impact  on the price of your travel due to contractual and other protection in place.  

There will be no change made to the price of your confirmed holiday within 30 days of your departure nor  will refunds be paid during this period.  

5. Jurisdiction and applicable law  

These Booking Conditions and any agreement to which they apply are governed in all respects by English  law. We both agree that any dispute, claim or other matter which arises between us out of or in connection  with your contract or booking will be dealt with by the Courts of England and Wales only. You may however,  choose the law and jurisdiction of Scotland or Northern Ireland if you live in those places and if you wish  to do so.  

6. Cutting your holiday short  

If you are forced to return home early, we cannot refund the cost of any services you have not used. If you  cut short your holiday and return home early in circumstances where you have no reasonable cause for  complaint about the standard of accommodation and services provided, we will not offer you any refund  for that part of your holiday not completed, or be liable for any associated costs you may incur. Depending  on the circumstances, your travel insurance may offer cover for curtailment and we suggest that any claim  is made directly with them.  

7. Changes by You  

If you wish to change any part of your booking arrangements after our confirmation invoice has been  issued, you must inform us in writing as soon as possible. This should be done by the first named person  on the booking. Whilst we will do our best to assist, we cannot guarantee that we will be able to meet your  requested change. Where we can meet a request, all changes will be subject to payment of an  administration fee of £50 / $150 USD per person per change as well as any applicable rate changes or extra costs  incurred as well as any costs incurred by ourselves and any costs or charges incurred or imposed by any  of our suppliers. You should be aware that these costs could increase the closer to the departure date that  changes are made and you should contact us as soon as possible. Where we are unable to assist you  and you do not wish to proceed with the original booking we will treat this as a cancellation by you. A  cancellation fee may be payable. If you are prevented from travelling it may be possible to transfer your  booking to another suitable person provided that written notice is given. An administration fee will be  charged, details available upon request.  

If any member of your party is prevented from travelling, that person(s) may transfer their place to someone  else (introduced by you and satisfying all the conditions applicable to the arrangements) providing we are  notified not less than 28 days before departure and you pay an amendment fee of £50 per person  transferring, meet all costs and charges incurred by us and/or incurred or imposed by any of our suppliers  and the transferee agrees to these booking conditions and all other terms of the contract between us. If  you are unable to find a replacement, cancellation charges as set out will apply in order to cover our  estimated costs. Otherwise, no refunds will be given for passengers not travelling or for unusedservices.  

Note: Certain arrangements may not be amended or transferred after they have been confirmed  and any alteration could incur a cancellation charge of up to 100% of that part of the arrangements.  

8. If You Cancel  

If you or any member of your party decides to cancel your confirmed booking you must notify us in writing.  Your notice of cancellation will only take effect when it is received in writing by us at our offices. 

and will be effective from the date on which we receive it. We recommend that you use recorded delivery.  Since we incur costs in cancelling your arrangements, you will have to pay the applicable cancellation  charges up to the maximum shown below. The cancellation charge detailed is calculated on the basis of  the total cost payable by the person(s) cancelling excluding insurance premiums and amendment charges  which are not refundable in the event of the person(s) to whom they apply cancelling:  

We will deduct the cancellation charge(s) from any monies you have already paid to us.  

Note: Certain arrangements may not be amended after they have been confirmed and any  alteration or cancellation could incur a cancellation charge of up to 100% of that part of the  arrangements in addition to the charge above.  

If the reason for your cancellation is covered under the terms of your insurance policy, you may be able to  reclaim these charges.  

9. If We Change or Cancel  

As we plan your holiday arrangements many months in advance we may occasionally have to make  changes or cancel your booking and we reserve the right to do so at any time.  

Changes: If we make a major change to your holiday, we will inform you as soon as reasonably possible  if there is time before your departure. Examples of minor changes include alteration of your outward/return  flights by less than 12 hours, changes to aircraft type, change of accommodation to another of the same  or higher standard, changes of carriers. Please note that carriers such as airlines used in the brochure  may be subject to change.  

Occasionally we may have to make a major change to your confirmed arrangements. ”Examples of “major  changes” include the following, when made before departure:  

– A change of accommodation area for the whole or a significant part of your timeaway.  – A change of accommodation to that of a lower standard or classification for the whole or a  significant part of your time away.  

– A change of outward departure time or overall length of your arrangements of twelve or more  hours.  

– A change of UK departure airport, as long as that change is not from one London airport to another  London airport. London airports are Heathrow, Gatwick, Stansted, Luton and London City.  – A significant change to your itinerary, missing out one or more destinationentirely.  

Cancellation: We will not cancel your travel arrangements less than 60 days before your departure date,  except for reasons of force majeure or failure by you to pay the final balance. We may cancel your holiday  before this date if, e.g., the minimum number of clients required for a particular travel arrangement is not  reached.  

If we have to make a major change or cancel, we will tell you as soon as possible and if there is time to  do so before departure, we will offer you the choice of:  

i (for major changes) accepting the changedarrangements;  

ii having a refund of all monies paid; or 

iii accepting an offer of alternative travel arrangements of comparable standard from us, if  available (we will refund any price difference if the alternative is of a lowervalue).  

You must notify us of your choice within 7 days of our offer. If you fail to do so we will assume that you  have chosen to accept the change or alternative booking arrangements.  

Insurance If we cancel or make a major change and you accept a refund, we will provide a full refund of  your travel insurance premiums if you paid them to us and can show that you are unable to transfer or  reuse your policy.  

Compensation 

If we cancel or make a major change less than 60 days before departure, we will pay compensation as  detailed below. The compensation that we offer does not exclude you from claiming more if you are entitled  to do so.  

IMPORTANT NOTE: We will not pay you compensation in the following circumstances:  

– where we make a minor change;  

– where we make a major change or cancel your arrangements more than 60 days beforedeparture;  – where we have to cancel your arrangements as a result of your failure to make full payment on  time;  

– where the change or cancellation by us arises out of alterations to the confirmed booking requested  by you;  

– where we are forced to cancel or change your arrangements due to Force Majeure (see Clause  10).  

Please note: where accommodation with a higher price than the original accommodation is offered by us  and accepted by you, the difference in price will be deducted from any compensation payable. In no case  will we pay compensation if accommodation is offered by us and accepted by you with a higher price than  that originally booked in the same location where no additional payment is made byyou.  

If we become unable to provide a significant proportion of the services that you have booked with us after  you have departed, we will make alternative arrangements for you at no extra charge and, if appropriate  in all the circumstances, will pay you reasonablecompensation.  

10. Force Majeure  

Except where otherwise expressly stated in these booking conditions we will not be liable or pay you  compensation if our contractual obligations to you are affected by any event which we or the supplier(s)  of the service(s) in question could not, even with all due care, foresee or avoid. These events can include,  but are not limited to war, threat of war, civil strife terrorist activity and its consequences or the threat of  such activity, riot, the act of any government or other national or local authority including port or river  authorities, industrial dispute, lock closure, natural or nuclear disaster, fire, chemical or biological disaster  and adverse weather, sea, ice and river conditions and all similar events outside our or the supplier(s)  concerned’s control. Advice from the Foreign Office to avoid or leave a particular country may constitute  Force Majeure. 

11. Diving Requirements  

If you or any of your party book the diving element of a holiday you should be fully qualified Open Water  divers, and hold either PADI, BSAC, NAUI or other recognised certifying agency qualifications which  should be indicated on your booking form. All diving clients warrant that they have no health problems or  other physical limitations (such as a history of lung disorders, asthma, epilepsy, diabetes or recent surgery)  which would limit their participation in a diving holiday and agree to discontinue diving if respiratory  congestion or a head cold takes place during the holiday. If any client has any medical condition contrary  to these requirements they must produce, prior to booking, a medical certificate indicating their fitness for  diving. Anyone failing to notify us at the time of booking of any such limitations faces the risk of losing the  diving element of the holiday.  

If you have any doubts about your ability to participate fully in a holiday then please contact our office  before making a booking. By completing a booking form for one of our Holidays, you confirm to us that  you already have the minimum qualification level required (which is made clear in the Information Pack  provided). You must show evidence of your qualifications on arrival at the holiday destination before any  activities can take place. Unfortunately, we cannot allow you to dive if you cannot provide us with proof of  your diving qualifications. If you are unsure about this please contact us before making abooking.  

12. Special Requests  

Any special requests must be advised to us at the time of booking e.g. diet, room location, a particular  facility at a hotel etc. You should then confirm your requests in writing. Whilst every effort will be made by  us to try and arrange your reasonable special requests, we cannot guarantee that they will be fulfilled. The  fact that a special request has been noted on your confirmation invoice or any other documentation or that  it has been passed on to the supplier is not confirmation that the request will be met. Failure to meet any  special request will not be a breach of contract on our part unless the request has been specifically  confirmed. We do not accept bookings that are conditional upon any special request beingmet.  

13. Disabilities and Medical Problems  

We are not a specialist disabled holiday company, but we will do our utmost to cater for any special  requirements you may have. If you or any member of your party has any medical problem or disability  which may affect your stay, please provide us with full details before we confirm your booking so that we  can try to advise you as to the suitability of your chosen arrangements. We may require you to produce a  doctor’s certificate certifying that you are fit to participate in the tour. Acting reasonably, if we are unable  to properly accommodate the needs of the person(s) concerned, we will not confirm your booking or if you  did not give us full details at the time of booking, we will cancel it and impose applicable cancellation  charges when we become aware of these details.  

14. Complaints  

We make every effort to ensure that your holiday arrangements run smoothly but if you do have a problem  during your holiday, please inform the relevant supplier immediately who will endeavour to put things right.  If your complaint is not resolved locally, please contact us on +44 7583 867542. If the problem cannot be  resolved and you wish to complain further, you must send formal written notice of your complaint to us at  Dive Safari Asia, 15 Harrow Road, Brislington, Bristol BS4 3ND or by e-mail to ben@divesafariasia.com 

within 28 days of the end of your stay, 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. Failure to follow the procedure set out in this clause may affect ours and  the applicable supplier’s ability to investigate your complaint, and will affect your rights under this contract.  

Please note that we do not offer an Alternative Dispute Resolution service. 

15. Your Behaviour  

All guests staying with us are expected to conduct themselves in an orderly and acceptable manner and  not to disrupt the enjoyment of other guests. If in our opinion or in the opinion of any other person in  authority, your behaviour or that of any member of your party is causing or is likely to cause distress,  danger or annoyance to any of our other guests or any third party or damage to property, or to cause a  delay or diversion to transportation, we reserve the right to terminate your booking arrangements with us  immediately. In the event of such termination our liability to you and/or your party will cease and you and/or  your party will be required to leave your accommodation or other service immediately. We will have no  further obligations to you and/or your party. No refunds for lost accommodation or any other service will  be made and we will not pay any expenses or costs incurred as a result of termination. You and/or your  party may also be required to pay for loss and/or damage caused by your actions and we will hold you  and each member of your party jointly and individually liable for any damage or losses caused by you or  any member of your party. Full payment for any such damage or losses must be paid directly to the hotel  manager or other supplier prior to departure from the hotel. If you fail to make payment, you will be  responsible for meeting any claims (including legal costs) subsequently made against us as a result of  your actions together with all costs we incur in pursuing any claim against you. We cannot be held  responsible for the actions or behaviour of other guests or individuals who have no connection with your  booking arrangements or with us.  

16. Our Liability  

(1) We will accept responsibility for the arrangements we agree to provide or arrange for you as an  “organiser” under the Package Travel, Package Holidays and Package Tours Regulations 1992 as  set out below. Subject to these booking conditions, if we or our suppliers negligently perform or  arrange the services which we are obliged to provide for you under our contract with you, as set out  on your confirmation invoice, we will pay you reasonable compensation. The level of such  compensation will be calculated taking into consideration all relevant factors such as but not limited  to: following the complaints procedure as described in these conditions and the extent to which ours  or our employees’ or suppliers’ negligence affected the overall enjoyment of your holiday. Please  note that it is your responsibility to show that we or our supplier(s) have been negligent if you wish  to make a claim against us.  

(2) We will not be responsible or pay you compensation for any injury, illness, death, loss, damage,  expense, cost or other claim of any description if it results from:-  

(a) the act(s) and/or omission(s) of the person(s) affected;  

(b) the act(s) and/or omission(s) of a third party unconnected with the provision of the services  contracted for and which were unforeseeable or unavoidable; or  

(c) unusual or unforeseeable circumstances beyond ours or our supplier(s) control, the  consequences of which could not have been avoided even if all due care had been exercised;  or  

(d) an event which either ourselves or suppliers could not, even with all due care, have  foreseen or forestalled.  

(3) We limit the amount of compensation we may have to pay you if we are found liable under  this clause:  

(a) loss of and/or damage to any luggage or personal possessions andmoney,  

The maximum amount we will have to pay you in respect of these claims is an amount equivalent  to the excess on your insurance policy which applies to this type of loss per person in total because  you are assumed to have adequate insurance in place to cover any losses of this kind.  

(b) Claims not falling under (a) above and which don’t involve injury, illness ordeath 

The maximum amount we will have to pay you in respect of these claims is twice the price paid by  or on behalf of the person(s) affected in total. This maximum amount will only be payable where  everything has gone wrong and you or your party has not received any benefit at all from your  booking.  

(c) Claims in respect of international travel by air, sea and rail, or any stay in ahotel 

1. i) The extent of our liability will in all cases be limited as if we were carriers under the appropriate  Conventions, which include The Warsaw/Montreal Convention (international travel by air); The  Athens Convention (with respect to sea travel); The Berne/Cotif Convention (with respect to rail  travel) and The Paris Convention (with respect to hotel arrangements). You can ask for copies of  these Conventions from our offices. Please contact us. In addition, you agree that the operating  carrier or transport company’s own ‘Conditions of Carriage’ will apply to you on that journey. When  arranging transportation for you, we rely on the terms and conditions contained within these  international conventions and those ‘Conditions of Carriage’. You acknowledge that all of the terms  and conditions contained in those ‘Conditions of Carriage’ form part of your contract with us, as well  as with the transport company and that those ‘Conditions of Carriage’ shall be deemed to be  included by reference into this contract.  
2. ii) In any circumstances in which a carrier is liable to you by virtue of the Denied Boarding  Regulation 2004, any liability we may have to you under our contract with you, arising out of the  same facts, is limited to the remedies provided under the Regulation as if (for this purpose only) we  were a carrier.  

iii) When making any payment, we are entitled to deduct any money which you have received or  are entitled to receive from the transport provider or hotelier for the complaint or claim inquestion.  

(4) It is a condition of our acceptance of liability under this clause that you notify any claim to ourselves  and our supplier(s) strictly in accordance with the complaints procedure set out in these conditions.  

(5) Where any payment is made, the person(s) receiving it (and their parent or guardian if under 18  years) must also assign to ourselves or our insurers any rights they may have to pursue any third  party and must provide ourselves and our insurers with all assistance we may reasonably require.  

(6) Please note, we cannot accept any liability for any damage, loss or expense or other sum(s) of any  description: (a) which on the basis of the information given to us by you concerning your booking  prior to our accepting it, we could not have foreseen you would suffer or incur if we breached our  contract with you; or (b) relate to any business.  

(7) We will not accept responsibility for services or facilities which do not form part of our agreement or  where they are not advertised in our brochure. For example any excursion you book whilst away,  or any service or facility which your hotel or any other supplier agrees to provide foryou.  

17. Excursions  

Excursions or other tours that you may choose to book or pay for whilst you are on holiday are not part of  your contracted arrangements with us. For any excursion or other tour that you book, your contract will  be with the operator of the excursion or tour and not with us. We are not responsible for the provision of  the excursion or tour or for anything that happens during the course of its provision by the operator.  

18. Financial security  

We provide financial security for flight inclusive Packages, Flight Plus bookings and ATOL protected  flights. We do this by way of a bond held in favour of the Civil Aviation Authority under ATOL number  T7521. When you buy an ATOL protected flight or flight inclusive holiday from us you will receive an ATOL  Certificate. This lists what is financially protected, where you can get information on what this 

means for you and who to contact if things go wrong. For further information, visit the ATOL website at  www.atol.org.uk. The price of our flight inclusive arrangements includes the amount of £2.50 per person  as part of the ATOL Protection Contribution (APC) we pay to the CAA. This charge is included in our  advertised prices. Not all holiday or travel services offered and sold by us will be protected by the ATOL  Scheme. ATOL protection extends primarily to Customers who book and pay in the United Kingdom.  

We, or the suppliers identified on your ATOL Certificate, will provide you with the services listed on the  ATOL Certificate (or a suitable alternative). In some cases, where neither we nor the supplier are able to  do so for reasons of insolvency, an alternative ATOL holder may provide you with the services you have  bought (at no extra cost to you). You agree to accept that in those circumstances the alternative ATOL  holder will perform those obligations and you agree to pay any money outstanding to be paid by you under  your contract to that alternative ATOL holder. However, you also agree that in some cases it will not be  possible to appoint an alternative ATOL holder, in which case you will be entitled to make a claim under  the ATOL Scheme (or your credit card issuer where applicable).  

If we, or the suppliers identified on your ATOL certificate, are unable to provide the services listed (or a  suitable alternative, through an alternative ATOL holder or otherwise) for reasons of insolvency, the  Trustees of the Air Travel Trust may make a payment to (or confer a benefit on) you under the ATOL  scheme. You agree that in return for such a payment or benefit you assign absolutely to those Trustees  any claims which you have or may have arising out of or relating to the non-provision of the services,  including any claim against us, the travel agent (or your credit card issuer where applicable). You also  agree that any such claims may be re-assigned to another body, if that other body has paid sums you  have claimed under the ATOL scheme.  

If you book arrangements other than an ATOL protected flight, Package or Flight-Plus from this brochure/ website, your monies will not be financially protected. Please ask us for further details.  

19. Passport, Visa and Immigration Requirements and Health Formalities  

It is your responsibility to check and fulfill the passport, visa, health and immigration requirements  applicable to your itinerary. We can only provide general information about this. You must check  requirements for your own specific circumstances with the relevant Embassies and/or Consulates and  your own doctor as applicable. Requirements do change and you must check the up to date position in  good time before departure.  

Most countries now require passports to be valid for at least 6 months after your return date. If your  passport is in its final year, you should check with the Embassy of the country you are visiting. For further  information contact the Passport Office on 0870 5210410 or visitwww.passport.gov.uk. 

Special conditions apply for travel to the USA, and all passengers must have individual machine  readable passports. Please check www.usembassy.org.uk For European holidays you should obtain  a completed and issued form EHIC prior to departure.  

Up to date travel advice can be obtained from the Foreign and Commonwealth Office, visit  www.fco.gov.uk. 

Non British passport holders, including other EU nationals, should obtain up to date advice on passport  and visa requirements from the Embassy, High Commission or Consulate of your destination or  country(ies) through which you are travelling.  

We do not accept any responsibility if you cannot travel, or incur any other loss because you have not  complied with any passport, visa, immigration requirements or health formalities. You agree to reimburse  us in relation to any fines or other losses which we incur as a result of your failure to comply with any  passport, visa, immigration requirements or health formalities. 

20. Conditions of Suppliers.  

Many of the services which make up your holiday are provided by independent suppliers. Those suppliers  provide these services in accordance with their own terms and conditions which will form part of your  contract with us. Some of these terms and conditions may limit or exclude the supplier’s liability to you,  usually in accordance with applicable International Conventions. Copies of the relevant parts of these  terms and conditions are available on request from ourselves or the supplierconcerned.  

21. Delays, Missed Transport Arrangements and other Travel Information  

If you (or any member of your party) miss your flight or other transport arrangement, it is cancelled or you  are subject to a delay of over 3 hours for any reason, you must contact us and the airline or other transport  supplier concerned immediately.  

The Package Travel etc Regulations 1992 provide that in the event that you experience difficulty on the  occurrence of circumstances described in Clauses 16 (2) (a) (b) (c) or (d) of these booking conditions, we  will provide you with prompt assistance. Where you experience a delay which is not owing to any failure  by us, our employees or sub-contractors, this prompt assistance is likely to extend to providing help in  locating refreshments, accommodation and communications but not paying for them. Any airline or other  transport supplier may however pay for or provide refreshments and/or appropriate accommodation and  you should make a claim directly to them. Subject to the other terms of these conditions, we will not be  liable for any costs, fees or charges you incur in the above circumstances, if you fail to obtain our prior  authorisation before making your own travelarrangements.  

Under EU Law, you have rights in some circumstances to refunds and/or compensation from the airline in  cases of denied boarding, cancellation or delay to flights. Full details of these rights will be publicised at  EU airports and will also be available from airlines. If the airline does not comply with these rules you  should complain to the Civil Aviation Authority at www.caa.co.uk/passengers. Reimbursement in such  cases is the responsibility of the airline and will not automatically entitle you to a refund of your holiday  price from us. 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. A delay or cancellation to your flight does not automatically entitle you to cancel any other  arrangements even where those arrangements have been made in conjunction with yourflight.  

We cannot accept liability for any delay which is due to any of the reasons set out in Clause 10 of these  booking conditions (which includes the behaviour of any passenger(s) on any flight who, for example, fails  to check in or board on time).  

The carrier(s), flight timings and types of aircraft shown in this brochure or on our website and detailed on  your confirmation invoice are for guidance only and are subject to alteration and confirmation. We shall  inform you of the identity of the actual carrier(s) as soon as we become aware of it. The latest flight timings  will be shown on your tickets which will be despatched to you approximately two weeks before departure.  You should check your tickets very carefully immediately on receipt to ensure you have the correct flight  times. If flight times change after tickets have been dispatched we will contact you as soon as we can to  let you know.  

Please note the existence of a “Community list” (available for inspection at http://ec.europa.eu/transport/ air-ban/list_en.htm) detailing air carriers that are subject to an operating ban with the EU Community.  

This brochure is our responsibility, as your tour operator. It is not issued on behalf of, and does not commit  the airlines mentioned herein or any airline whose services are used in the course of your travel  arrangements. 

22. Advance Passenger Information  

A number of Governments are introducing new requirements for air carriers to provide personal  information about all travellers on their aircraft to the Authorities before the aircraft leaves the UK. The  data will be collected either at the airport when you check in or in some circumstances when, or after you  make your booking. Accordingly, you are advised to allow extra time to check in for your flight. Where we  collect this data, we will treat it in accordance with our privacy policy.  

23. Foreign Office Advice  

You are responsible for making yourself aware of Foreign Office advice and State Department warnings  in regard to the safety of the countries and areas in which you will be travelling and to make your decisions  accordingly. Advice from the Foreign Office to avoid or leave a particular country may constitute Force  Majeure. (See Clause 10).  

24. Written communications  

Applicable laws require that some of the information or communications we send to you should be in  writing. When using our site, you accept that communication with us will be mainly electronic. We will  contact you by e-mail or provide you with information by posting notices on our website. For contractual  purposes, you agree to this electronic means of communication and you acknowledge that all contracts,  notices, information and other communications that we provide to you electronically comply with any legal  requirement that such communications be in writing. This condition does not affect your statutoryrights.  

All notices given by you to us must be given to Dive Safari Asia Ltd at 15 Harrow Road, Brislington, Bristol,  BS4 3ND or by e-mail to ben@divesafariasia.com. We may give notice to you at either the e-mail or postal  address you provide to us when placing an order or in any of the ways specified in clause. Notice will be  deemed received and properly served immediately when posted on our website, 24 hours after an e 

mail is sent, or three days after the date of posting of any letter.  

In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was  properly addressed, stamped and placed in the post and, in the case of an e-mail that such e-mail was  sent to the specified e-mail address of the addressee.  

25. Transfer of rights and obligations  

The Contract between you and us is binding on you and us and on our respective successors and assigns.  You may not transfer, assign, charge or otherwise dispose of the Contract, or any of your rights or  obligations arising under it, without our prior written consent. We may transfer, assign, charge, sub contract or otherwise dispose of the Contract, or any of our rights or obligations arising under it, at any  time during the term of the Contract.  

26. Photography Workshop Leaders  

All efforts will be made to ensure the pre determined tour leader will escort the tour. In the event the said  leader is not able to lead the tour a replacement photo specialist maybe required – this would only be in  the case of events outside our control. If a specialist tour leader is not available compensation no more  than £500 / 600 USD per person will be given.