1. The Contract & Financial Security

The following booking conditions and information form the basis of your contract with 321dive Ltd ("the Company") of 53 College Glen Maidenhead Berks SL6 6BL. Your contract will be with the Company. Your contract with the Company is made once the Company has received a properly completed and signed booking form, the specified deposit has been paid and the Company has signified, in writing, its acceptance of the booking and you have been sent written confirmation by the Company.

These terms and conditions and the booking form will form the entire terms of the contract between the Company and the person signing the booking form (the lead client), who will be deemed to sign the booking form for and on behalf of all other persons named on it. The signing of the booking form by the lead client will constitute acceptance of these conditions by all the clients and the parties named on it and as confirmation that the lead client has authority to act on behalf of all other persons named on the form. If you have any special requests outside the services offered in the brochure, the Company will endeavour to assist but is not obliged to do so. These must be notified to the company in writing before booking. After booking they will be treated as an alteration and a charge made (see below). Any additional costs of a special request must be borne by you.

2. Price Policy

(1) Although the Company will endeavour to keep prices to those shown on the website/quoted to you, the Company reserves the right to alter the prices prior to the booking being made. After a booking has been made the Company will only issue a surcharge as a result of UK or foreign government action (including changes in the rate of VAT and any other duties or levies), adverse currency fluctuations or increases in transportation costs. prices are valid at the time of booking only. The Company reserves the right to alter the prices prior to the deposit being paid.

(2)Even in this case, the Company will absorb an amount equivalent to 2% of the price of your chosen holiday excluding any alteration charges. Only amounts in excess of this 2% will be surcharged. In the event of an increase, an amended invoice will be sent to you which is payable within 7 days. If a surcharge is applied and you are required to pay more than 10% of the holiday price, you will be entitled to cancel your holiday with a full refund except for any amendment charges. Should you decide to cancel on this basis, you must exercise your right to do so within 3 working days of the issue date printed on the invoice for the surcharge. No surcharges will be levied less than 28 days before departure.

3. Payment

(1) The deposit specified in the written acceptance is payable within 14 days of booking.

(2) The balance of the holiday cost as set out in your invoice must be paid by you to the Company not later than 12 weeks prior to the date of departure. Failure to do so will normally result in the booking being treated as cancelled by you, and cancellation charges will then be payable as set out in Clause 6 below.

(3) In the case of bookings made less than 12 weeks before the departure date, payment must be made in full upon booking.

(4) Money paid to a travel agent for a holiday arranged by the Company is held by that agent as agent for the Company.

4. Holiday Descriptions and Changes by the Company

(1) All the information about the tours featured in any written literature and on the website is given in good faith and believed to be accurate at the time of publication. However, as any brochure is prepared a long time in advance of the holiday, the Company reserves the right to make any necessary changes to the tours described in the brochure as a result of international, national or local prevailing conditions. Most changes will be minor ones.

(2) Occasionally, it is necessary to make a significant change. A significant change would be a change of diving centre or deletion of a major part of the itinerary where we have arranged your holiday for a specific purpose. It would also cover a change of UK airport (except between Stansted, Luton, Gatwick, City and Heathrow) or a change of accommodation to one of an officially lower standard. In the event of a significant change, we will advise you as soon as possible and give you the choice of: - (a) accepting the changed arrangements as notified to you; or (b) purchasing different arrangements from us, (with you paying or receiving a refund in respect of any price difference); or (c) cancelling your arrangements and receiving a refund of all monies paid to us less any supplier costs incurred.

(3) All other changes are treated as minor changes. Where known, minor changes will be shown on your final itinerary which will be sent to you with your travel documents, when relevant, approximately two weeks before departure. Compensation is not payable in the case of minor changes. Furthermore minor changes do not entitle you to cancel or change to another holiday without paying our normal charges.

5. Alterations by you

(1) It is important that your requirements are clearly stated at the time of booking.

(2) If, once the booking has been accepted by the Company, you wish to make any later alterations to the booking details, e.g. change of name, date, accommodation, departure airport, duration etc, then as long as it is at least 12 weeks before departure the company will do all it can to assist you. The person who signed the booking form must send a written alteration request to the Company accompanied by a £30 per change administration fee. You will also be required to pay any additional costs arising from the alteration.

(3)However, any alterations requested by you less than 12 weeks prior to departure, although the Company will do its best to assist, the issue may be treated at the Company’s discretion as a cancellation and the charges set out in Clause 6 below will apply.

(4) Any changes you wish to make to your holiday arrangements once your holiday has commenced are your sole responsibility. The Company will not be responsible for the additional cost of any changes you make whilst on your holiday and these must be paid for by you.

(5) The possible substitution of persons booked on school dive trips is dealt with in Clause 6 below.

6. Cancellation by you

(1) If you wish to cancel your holiday, or an individual within your group wishes to do so, written notification must be given to the Company by you. The amount of refund due, if any, depends on the amount of notice given as set out below:

Refunds for non-school trip travellers

Deposits are not refundable in any circumstances.

Notification received 28 days+ prior to arrival date will incur a charge of 50% of the total cost if full payment has been made.

Notification received 27 days-7days prior to arrival will incur a charge of 60% of the total cost if full payment has been made.

Notification received 7 days or less beforehand will incur a charge of 100% of the total cost if full payment has been made.

If you cancel your holiday after the Company has sent out travel documents, no refund (if due) will be made until all such documents are received back by the Company.

Refunds for school trips

Cancellation of the whole trip will only result in refunds after all costs to the company of the cancelled holiday have been deducted. It is important to note that the deposit rarely covers the Company’s expenditure in booking flights and other components of the Holiday.

In the event that one or more individuals within the school group wishes to cancel it may be possible to allow a substitute person to take his or her place. An application to this effect must be submitted without delay by you to the Company accompanied by an administration fee of £30. The substituted person must satisfy all the requirements for a diving holiday as set out in these terms and conditions and the brochure. Any substitution will be subject to the airline agreeing to change the name of the traveller, for which it normally charges a fee, and further costs may be incurred. The Company will do its best to arrange a substitution wherever possible if time permits but, in addition to the administration fee, you will be liable for all the costs charged to the Company for doing so, all of which must be paid within 7 days of receiving an invoice from the company, and in any event before departure. (A private financial arrangement can then be made between the original and substituted traveller to cover the original and additional costs).

(2)If you cancel your holiday after the Company has sent out travel documents, no refund (if due) will be made until all such documents are received back by the Company.

7. Unused Services

(1) No refund or compensation is payable by the Company for any unused accommodation, diving, flights, services or features provided during the holiday. Travellers who do not complete a diving course, for any reason whatsoever, cannot be refunded in part or whole.

8. The Company's Responsibility

(1) 321dive Ltd acts as a sales agent for any airline, hotel, car rental company, tour operator, cruise line, or other service provider named in your itinerary.

(2) In all cases, liability and compensation are restricted in accordance with the provisions of International Conventions relevant to the transportation and accommodation provided.

(3) The Company accepts liability, subject to sub-paragraph 5 below, for any loss you may suffer if any part of the holiday arrangements you book with the Company are not as described or not of a reasonable standard. The Company’s liability to compensate you for such loss is subject to the following limitations. First, it is restricted to a reasonable amount having regard to such factors as the holiday cost and the extent to which the enjoyment of your holiday can be said to have been affected. Second, the maximum amount of such compensation the Company will pay you is one and a half times the cost of your holiday arrangements booked with the Company.

(4) The Company also accepts liability, subject to sub-paragraph 5 below, should you or any member of your party suffer death, personal injury or illness as a result of any failure to perform or improper performance of any part of our contract with you by the Company or any of the Company’s employees, agents, suppliers or sub-contractors (providing they were at the time performing duties authorized by us).

(5) However there is no liability under clauses 8(3) or (4) above where the loss or failure to perform or improper performance was due to:- (I) your own acts and/or omissions; or (ii) those of a third party not connected with the provision of your holiday arrangements which were unforeseeable or unavoidable; or (iii) an event which either ourselves or the supplier of the service(s) in question could not have foreseen or forestalled even with all due care.

(6) Where any claim is made, you must assign to the Company, or the Company’s insurers, any rights you may have to pursue any third party.

(7) You must appreciate that in developing countries services in hotels, on tour and in restaurants cannot be expected to be of the same standard as those in the UK and the term “reasonable standard” must be interpreted accordingly. This is particularly important where “live-aboard dive boats” are involved in a tour, and the clear limitations of being on such a small vessel must be accepted.

9. Force Majeure

The Company accepts no responsibility for and shall not be liable in respect of any loss or damage or alterations, delays or changes arising from unusual and unforeseeable circumstances beyond its control, such as war, or threat of war, riot, civil strife, industrial disputes including air traffic control disputes, terrorist activity, political unrest, change in government regulations, natural and nuclear disaster, floods, volcanic ash, fire and adverse weather conditions, technical problems with transport, closure or congestion of airports or ports.

10. Insurance

(1) It is your responsibility to ensure that you have adequate insurance cover. It is a condition of booking your holiday that you have taken out adequate insurance against such risks as travel, medical costs, personal accident risks, personal liability and legal expenses. You are especially advised to insure against cancellation and loss of deposit.

(2) You are advised that normal holiday insurance does not cover scuba diving. You must ensure that your policy has an endorsement for scuba diving if you are undertaking it as part of your holiday.

11. Travel Documents/font>

12. Diving

(1) Diving activities carry inherent risks and each person wishing to participate in such activities may be asked by the supplier to sign liability releases and provide a current medical certificate and in all cases must adhere to the restrictions imposed by the supplier.

(2) All clients booking a scuba dive trip must be in good health and not have any medical history of lung disorders, asthma, epilepsy, diabetic or recent surgery as per the PADI questionnaire and agree to discontinue diving if respiratory congestion or a head cold or any other medical condition takes place during the holiday. If the client has any medical condition contrary to these requirements he/she must produce a diving medical certificate of fitness, prior to diving. Failure to provide satisfactory diving qualifications or medical certificates will not result in any liability whatsoever on the part of the Company.

Proof of diving qualification by a recognised agency is compulsory, except for beginners. Clients must submit their diving qualifications to the Divemaster before diving can commence.

13. Responsibility for Diving

The Company has taken great care in choosing the diving schools and operators and makes every effort to ensure the highest standards of diving etiquette and safety. However, clients are advised that diving takes place at their own risk and they must behave in a fit and proper manner at all times, in accordance with all recognised diving practices and procedures and take proper responsibility for their own safety. Clients are advised that certain diving sites are very remote, either by distance or time or both, from a recompression chamber.

The Company reserves the right to require to withdraw from the holiday any person whose actions or conduct is considered by the Company in its absolute discretion to be incompatible with the comfort and safety of the company's other clients or to be offensive to them. In the event of such conduct, no liability whatsoever will be owed to that person by the Company upon withdrawal from the holiday.

14. Airlines and Travel Arrangements

(1) All transportation by air, land and sea is subject to the terms and conditions of carriage of the company providing the transport, some of which limit or exclude liability. Carriers’ terms and conditions are often the subject of international agreements, copies of which can be made available for inspection with advance notice at our offices.

(2) By its contract with you, the Company does not enter into an agreement for carriage by air, but only undertakes to reserve on your behalf accommodation on board an aircraft operated by one of the airlines selected by the company. Air travel, in particular, is subject to operational decisions by the carriers and airport authorities which may result in delay or the aircraft being diverted, over which the company has no control. At the time of going to print we are unable to confirm the airline operators, carriers and aircraft type for our tours.

15. Marketing

(1) Any likeness of you secured or taken on any of our trips may be used by the Company without charge in all media, for bona fide promotional or marketing purposes unless you advise us to the contrary in writing.

16. Complaints

(1) If you have cause for complaint whilst on holiday, you must bring it to the attention of the on-site local representative or agent of the Company who will then do their best to rectify the situation. It is unreasonable to afford the Company or its representatives no opportunity to rectify any problem whilst on holiday and failure to do so on your part may affect your right to compensation.

(2) Should any problem remain unresolved then it must be brought to the attention of the Company in writing within 14 days of your return from holiday; it is regretted that no liability can be accepted in relation to any complaint which has not been so notified.

17. Jurisdiction

Your contract with the company is governed by the laws of England and Wales and is subject to the exclusive jurisdiction of the courts of England and Wales.