DIVE KLB TERMS AND CONDITIONS OF BOOKING (FEBRUARY 2021)
1.1 These terms and conditions of booking (“Terms and Conditions”) set out the terms by which the Customer (“you” and “your”) agree to be bound by when booking [Keltic Lady] (“the vessel”) for charter (“Booking”) with Dive KLB (“we” and “us”).
1.2 All participants must complete a Booking Form prior to any charter of the vessel. Please therefore read the Terms and Conditions carefully. These Terms and Conditions are deemed to become binding on you on completion of a Booking Form.
2.1 In order to complete a Booking Form, an initial inquiry (“Initial Inquiry”) must be submitted. An initial inquiry can be communicated by:
(a) Telephone: 07920255002
(b) E-mail: email@example.com
(c) Facebook message: www.facebook.co.uk/northeastdive
2.2 We encourage you to contact us directly to discuss your particular requirements for charter and we will do what we can to accommodate these. In the event of any ambiguity these Booking Terms and Conditions shall prevail.
2.3 On receipt of an Initial Inquiry from you, and having discussed any particular requirements under 2.2, a booking reference in the format “date_Name” (“Booking Reference”) will be generated. You will be provided with the Booking Reference and confirmation of the proposed fee for chartering the vessel (“Charter Fee”). The Booking Reference will be provided to you by either a direct message on Facebook, text or by email. A Booking Form cannot be completed without a Booking Reference.
2.5 In order to secure a Booking, a deposit payment of £150 must be paid within 14 days of completing the Booking Form (“Deposit”).
2.6 On receipt of the Deposit and an accurately completed Booking Form, we will send you confirmation of your Booking. Your booking is not confirmed until both the booking form and deposit are received.
3.1 The Charter Fee will be agreed with you after an Initial Inquiry is received and prior to completion of the Booking Form.
3.2 The Charter Fee comprises (a) the Deposit and (b) a balancing payment for the remaining Charter Fee (“Balance Payment”).
3.3 The Deposit becomes payable immediately on completion of the Booking Form (and in any event, no later than 14 days from the date the Booking Form is submitted and the Balance Payment becomes payable [8 weeks] prior to the agreed charter date. If the charter date is in less than 8 weeks then the full “Charter Fee” is payable at the time of booking
3.4 Payments can be completed by a BACS/online transfer, Payment details are included on the booking form and are available upon submitting a request to us.
3.5 We reserve the right to increase the “Charter Fee” in the event the original “Booking” is rescheduled or as stated in our Terms & Conditions there is a significant increase in Fuel price.
4.1 On completion of a Booking Form, the Deposit will become payable by you. The Booking is not completed until the Deposit has been paid.
4.2 The Deposit is payable immediately on completion of a Booking Form in order to secure a booking. If the Deposit is not paid within 14 days of a Booking form being completed, the booking request will be deemed to have expired and treated as no longer required.
4.3 The purpose of the Deposit is to secure your place on the charter and to cover the reasonable administration costs and any pre-preparation work to prepare the vessel for sailing on your chosen charter date. A refund of the Deposit is only available in the following circumstances:
(a) where the booking is cancelled by us in the circumstances detailed at clauses 6.2, 6.3 and 7.1.
(b) where the booking is cancelled by you in accordance with clause 7.3.
save for the limited exceptions above, the Deposit is strictly non-refundable.
CUSTOMER RESPONSIBILITIES AND OBLIGATIONS
5.1 You agree on completion of your booking to pay the Charter Fee within the timescales provided at 3.3.
5.2 You agree that you will act in accordance with any guidance and directions provided by the skipper[/crew] while aboard the vessel. If you fail to comply with any of the instructions that, in the skipper’s/crew reasonable view, puts either the safety of the vessel or any other passengers at risk then the skipper shall be entitled to refuse to carry you aboard the vessel.
5.3 It is strongly recommended that you obtain travel insurance from a reputable insurance provider in advance of the charter date. We do not accept any liability for cancellations by you except where express provision is made to the contrary in these Terms and Conditions.
5.4 Every person making a “booking” on behalf of a passenger or group of passengers confirms that he/she has the authority of that passenger and that each such passenger agrees to be bound by these Terms and Conditions.
5.5 Each person making a “booking” or included in a “booking” confirms that they are of sufficient experience to undertake the diving or other activity they have booked and that they are fit, mobile qualified enough to do so.
No children under the age of 16 may be carried aboard without prior permission.
6.1 You will be asked to complete a COVID-19 declaration form (“COVID-19 Declaration”) 1 week prior to the agreed charter date. Any participant that fails to complete a COVID-19 Declaration will not be permitted to board the vessel. For more information please see the Covid-19 Protocols.
6.2 If a charter is [unlikely] to go ahead due to any local or national coronavirus restrictions that are in place the obligation to pay the Balance Payment under 3.3 shall lapse and, if the Balance Payment has already been paid, the Charter Fee shall be refunded in full.
6.3 If the vessel is under lockdown or any of the crew are required to self-isolate in accordance with local or national laws or government guidance, then a full refund of the Charter Fee will be offered.
6.4 In the event that enhanced social distancing measures are required and the capacity for numbers on the vessel is reduced, we shall endeavour to agree an alternative booking arrangements with you. Any passengers that are unable to attend due to restrictions in numbers shall be offered a full refund of the Charter Fee for their allocated space or a reschedule if they prefer.
7.1 We reserve the right to cancel any Booking for any reason. In circumstances where any Individual Booking or Group Booking is cancelled by us, a full refund of the Booking Fee shall be provided.
7.2 In the event that a booking is cancelled by us due to coronavirus restrictions in place, then the provisions at clause 6 shall apply.
7.3 In the event that you decide to cancel your booking for any reason and the booking is not cancelled by us, you shall be liable for payment of the Charter Fee in full. As such we recommend you take out holiday insurance which should cover your expenses in this eventuality.
CHARTER TERMS & CONDITIONS
Our Covid 19 Guidance, this should be read before booking and is in addition to our risk assessment’s.
For reasons of safety, North East Dive reserve the right to vary the charter and its associated activities in any way we consider preferable due to adverse weather or any other conditions. Ultimate decisions regarding the safety of the vessel and those on board rest with the skipper. The skipper will always endeavour to find suitable alternative/sheltered dive/activity sites.
North East Dive is fully insured to carry 12 passengers within its area of operation. If applicable, our insurance does not cover passengers who are away from the vessel or while engaged in diving activities.
It is the legal responsibility of the diver/diving group to satisfy themselves that there is/supply sufficient surface cover.
We do not accept responsibility for loss of, or damage to, passengers gear, property or valuables whilst on board or in transit. With this in mind please ensure you have adequate insurance cover.
In the event that passage or activities are cancelled due to adverse weather or other safety reasons no money will be refunded. We will do our utmost to offer alternatives such as shore diving or alternative boat dives. It may involve reasonable travel and is entirely optional. We cannot be held liable for any additional costs/expenses incurred and is done so entirely at your own risk.
Day only bookings. If the charter is cancelled prior to the date due to weather then a full refund will be offered. If the conditions deteriorate and for Safety reasons we cancel the remaining dives we will endeavour to find a suitable alternative (venue, shoredive, which are entirely optional).
All decisions regarding the safety of any vessel in the employ of, or chartered to North East Dive and the safety or health of those on board including during drop-off and recovery of divers, rest with the skipper. It is the divers personal decision to dive and you do so entirely at your own risk.
Any accident or injury to any person or persons arising from the use or misuse of our equipment is the sole responsibility of the diver/passenger.
Recreational diving will consist of 2 dives per day (unless otherwise agreed) weather conditions permitting. Further dives can be arranged as a group (charges apply)
The skipper may refuse to carry any passenger or their luggage for any reason relating to the safety of the vessel and its passengers.
In the event of further increases in fuel prices we regret that we must reserve the right to add a fuel surcharge to your charter price. That said we would avoid this wherever possible.
Any person involved in recreational diving instruction aboard must abide by the HSE diving at work regulations 1997 or there relevant training Association. Neither the skipper nor crew of North East Dive is to be named as part of the dive team without prior discussion and permission.
We reserve the right to alter these Terms and conditions at any time. If you need any further clarification on these Terms and Conditions then please do not hesitate to contact us.
North East Dive accept bank transfers and IBAN transfers. Please ensure your preferred dates are available and that you have confirmed your charter price before submitting your booking form.
Please note that by booking with North East Dive you are agreeing to abide by the Laws of England and Scotland as applies.
No drugs (other than those prescribed by a doctor) or other unlawful substances are permitted on board the vessel at any time.
I agree to dive in accordance with the dive site plan. Diving in excess of the agreed depth will be considered a personal change to the agreed plan/loss of control and may result in further diving being curtailed. I confirm that I am a qualified diver, fit to dive & accept that the dive site, weather and dive conditions are subject to change and are beyond the control of Dive KLB/North East Dive, the cox and crew.
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