SEASFiRE Ltd is a limited company, Company Number 09189599, having its Registered Office address at ACCONOMY, Unit 1 Block B Arena Business Park, Holyrood Close, Poole, Dorset, England, BH17 7FJ. This document sets out what you are legally entitled to expect from us when you buy a Package Holiday from us. These terms and conditions will not apply to any course of dealings between us other than the Package Holiday booked.
It’s important that you understand our obligations and yours, so please read this document carefully before you book.
Your Travel Booking
You are responsible for ensuring the accuracy of the personal details or any other information supplied in respect of yourself and any other person travelling on the booking, and for passing on any information regarding the booking or any changes made in relation thereto, to all persons travelling on such booking, including but not limited to information on schedule changes or copies of booking confirmations.
The name in your passport must match the name on your ticket otherwise you may not be able to travel and your insurance could be invalid. If someone in your group changes their name after you have booked, tell us and we’ll issue the ticket in the new name. If you’ve already received the ticket, return it and we’ll send one with the correct name. There may be a fee for this change. You should have a full 10-year passport and it must be valid for six months from the date of your return to the UK. If your passport has an Israeli stamp, you may be refused entry to some countries. You should always check visa requirements for your passport before you book. We will not be responsible for you being refused entry into a country or onto a flight because you have failed to secure a required visa.
You are also responsible for (a) notifying us prior to the time of booking of any personal circumstances and needs pertaining to a person included in the booking including, without limitation, whether any such person is not self reliant or is a person with reduced mobility – for example if you, or a member of your party, have difficulty in walking 500 metres; and (b) notifying us at any time from the time of booking until 48 hours prior to the flight’s departure if any person travelling on the booking has ceased to be self reliant or a person with reduced mobility or if a person previously reported to be with reduced mobility or as not being self reliant does no longer fall into either category.
These contractual terms apply between you and us when you choose a package holiday with us (hereafter, a “holiday”) which is a ‘package’ within the meaning of The Package Travel, Package Holidays and Package Tours Regulations 1992 and will enjoy the benefits conferred by it.
If you book as part of a group, the person who provides the lead booking name must be 18 years old at the time of booking and possess the legal capacity and authority to book as the lead name and travel with us. We will direct all subsequent correspondence, including changes, amendments and cancellations, to the lead booking name, and will only accept requests from the lead booking name with regard to changes to the group booking.
Please let us know of any dietary requirements so that we can notify these to the airline/resort/dive centre as appropriate. Requests for special meals on flights must be provided at least 72 hours before your flight’s scheduled departure.
It is a condition of your booking with us that you and all other members of your party, including infants and children, are adequately insured on holiday. This includes scuba diving insurance in the case of anyone undertaking diving activities on their holiday. Any person who is under 18 years old must be accompanied by an adult on his or her journey.
When you pay your deposit and ask for your booking to be confirmed, we will immediately set aside your chosen accommodation, holiday or transport for you. We will send you a Confirmation Invoice within 14 days. If there is any change to any of the details discussed at the time of booking, before the Confirmation Invoice is issued, we will notify you promptly of any new or changed details, including a change to the total price (if any). If any detail on the Confirmation Invoice is not correct, tell us immediately.
If there is an obvious error on the Confirmation Invoice we reserve the right to correct it as soon as we become aware of it; we will do this within 7 days of issuing the Confirmation Invoice or, if your departure is within 7 days, no later than 24 hours before you go. If any changes we make to the confirmation invoice are not acceptable then you will be entitled to a refund.
Prices & Payment
You will be required to pay a deposit to us for each person when you book unless this is within 12 weeks of departure when the full amount for the booking is payable. The deposit amount will be specified by us when your booking is made. If it is not specified then it will be the amount that we ask you to pay when you book, even if this is 100% of the holiday price.
Please note your booking deposit may be increased or there may be a charge payable for some accommodation, holidays or flight bookings where it is necessary to secure specific facilities with full payment at the time of booking e.g. dive boat berths, coach touring and specific types of airline tickets. Once confirmed, the booking deposit, additional charges paid and insurance premiums will not be refunded in the event of cancellation except as stated above or as otherwise required by law.
Within two weeks of booking, we will send you a Confirmation Invoice showing how much you owe us. You must pay the amount on the last Invoice issued by us, at least 12 weeks before you go on holiday. If you don’t, we reserve the right to treat your booking as cancelled and to charge you a cancellation charge up to 100% of the total on that last Invoice, in accordance with the scale of cancellation charges set out below.
If you pay money for your booking to a travel agent appointed by us, they will hold that money as our agent from the time they receive it until they pay the money to us. If your payment is made by credit card a fee may apply, this will be advised at time of booking. We accept payment in cash, personal cheques, and building society and bankers’ drafts and other similar money orders.
All prices we provide are accurate at the date provided, but we reserve the right to change any of those prices at our discretion until such time as you confirm your booking with us.
What’s included in our prices:
- Return flight from the UK to the destination airport confirmed on your invoice.
- Air passenger duty either at the standard economy rate (£12 per person for short haul, £60 for mid haul and £75 for long haul) or at the premium cabin rate (double the economy rate) as appropriate. Charges may change.
- Transfers between the airport and your accommodation as confirmed on your invoice
- The accommodation and meals as confirmed on your invoice
- Luggage allowance as confirmed on your ticket
- Aviation insurance and security charge
- Estimated fuel costs
- Scuba diving activities as confirmed on your invoice.
- VAT on all holidays to EC countries
- Marine park fees
- SEASFiRE lessons and activities
What’s Not Included
The key aspects of your holiday will be included in the price when you book, and details will be provided in the confirmation invoice. However, our prices are not all-inclusive and you may have to pay extra for some things when you get there. For example, you might want to book an excursion, use a safety deposit box or enjoy drinks or snacks outside mealtimes or not included on the standard menu. You may also need to pay extra for things like sports, beauty treatments and classes outside those reserved as part of the package.
Typical exclusions include:
- Excursions, activities and shore excursions not included in your invoice
- Holiday insurance
- Excess luggage and the transport of any sporting equipment
- Any local taxes, levies or similar that local authorities abroad expect you to pay yourselves
- Snacks, drinking water, other sundries not included on the invoice
3. If We Make Changes to Your Booking
We hope that we will not have to make any change to your holiday but occasionally, circumstances dictate that we need to amend some details. We will let you know about any important changes as soon as we can, if there is time before your departure.
Your Confirmation Invoice will show the latest planned timings. Your actual flight timings will be shown on your ticket (including any e-ticket itinerary), which you should check carefully as soon as you receive it.
We will tell you the up-to-date price of your chosen travel arrangements and of any other services advertised by us before confirming your booking. After a Confirmation Invoice has been sent to you, there may be an increase to your holiday price as the result of changes in our costs of supplying your holiday resulting from transportation charges, (fuel, airport charges, scheduled air fares and other transport charges which form part of our contract with the transport provider), currency fluctuations and government action. If the increase would be 2% or less of the holiday price shown on your Confirmation Invoice (excluding insurance premiums and any amendment charges), we will absorb the changes in our costs described above and will only pass on any increase above that level. To do this, we will forward an Amendment Invoice reflecting the changes in price no later than 30 days before the departure date stipulated.
If any change in our costs would cause a reduction in your holiday price, we will not make refunds of amounts less than 2% of your holiday price (calculated as above), but we will refund in full amounts exceeding such 2%, after deducting an administration charge of £10.
If the increase is more than 10% of the holiday price (calculated as above), then:
- You may cancel your holiday booking within 14 days of the Amendment Invoice date and receive a refund of all monies paid to us subject to the exclusions mentioned in Section 2; we will only consider an appropriate refund of insurance premium paid if you can show us that you are unable to transfer or reuse your policy; and
- the increase will be considered a Major Change as described below and, unless you choose to cancel, you will be entitled to the alternatives set out. In any case, you will receive compensation in accordance with the table below.
Major Changes To Your Holiday
Occasionally, we have to make major changes to the flight or accommodation making up your holiday with us. Major changes to your holiday for which we will pay compensation unless the change is for reasons beyond our control (see ‘Important Note – Events Beyond Our Control’), using the scale shown, may include the following changes: a significant change of destination; a change in accommodation to that of a lower category, a change in the time of your departure or return flight by more than 12 hours, a change of UK departure airport (excluding changes between London airports, London, Ebbsfleet and Ashford stations and between Dover/Folkestone ports). A delay to your flight within 24 hours before you are due to depart will not be considered a major change unless the delay is for more than 24 hours. These changes are only examples and there may be other significant changes which constitute major changes. If we tell you about any of these changes after we have confirmed your holiday booking, you may either
- accept the new arrangements offered by us or
- accept a replacement holiday from us of equivalent or similar standard and price, at the date of the change, if we are able to offer you one. Should you choose this option the terms and conditions of your holiday will not change and these conditions still apply to your booking; or
- cancel your holiday with us and receive a full refund of all monies paid, subject to the exclusions mentioned in Section 2.In any case, we will pay you compensation, using the Compensation table shown, unless the change is for reasons beyond our control (see below) and we will always refund the difference in price if the replacement holiday is of a lower standard and price, at the date of the change. This standard payment will not affect your statutory or other legal rights. We will only make one payment for each full-fare-paying adult in the holiday booking. Any children not paying the full adult fare will receive 50% of these amounts.
Any compensation payable will be on these scales, based on how many days before your booked holiday departure we tell you of a major change.
|Period before departure when a major change is notified||Compensation payable per person|
|84 days or more||0|
|83 – 29 days||£10|
|28 – 15 days||£20|
|14 – 8 days||£30|
|7 – 0 days||£40|
Important Note – Events Beyond Our Control
Events beyond our control include: war, threat of war, riots, civil disturbances, terrorist activity and its consequences, industrial disputes, natural and nuclear disasters, fire, epidemics, health risks and pandemics, unavoidable and unforeseeable technical problems with transport for reasons beyond our control or that of our suppliers; closed or congested airports or ports, hurricanes and other actual or potential severe weather conditions, and any other similar events.
In February 2005 a new Europe-wide law relating to denied boarding, delays and cancellation of flights came into force. This law granted rights to passengers, including in certain circumstances the right to cancel their flight and receive reimbursement of the cost of the flight from their airline. Full details of these rights is publicised at EU airports and is also available from affected airlines. However, you should note that reimbursement of the cost of a flight that forms part of your holiday is the responsibility of your holiday airline and will not automatically entitle you to reimbursement of the cost of your holiday from us.
If You Change Your Booking
Subject to the conditions below, you may transfer your booking to another person, providing the following conditions are met:
- You authorise the change in writing
- The new lead passenger accepts the transfer and the terms of our agreement
- That person complies with the terms of the existing booking
- That person has valid holiday insurance – you cannot transfer your holiday insurance to the new lead passenger.
We will charge amendment fees to change a name on a booking outside 14 days to departure; these will be added to a new Amendment Invoice. The new lead passenger (and you should they fail to pay) will be responsible for the payment of any balance due on that new invoice. Please bear in mind that certain airlines and other transport providers treat changes as a cancellation and charge accordingly, up to 100% of the cost for that part of the arrangement. Where applicable these charges will be passed on to you.
When changing your holiday details, the price of your new travel arrangements will be based on the price that applies on the day you make the change. These prices may not be the same as when you first made your booking.
Some accommodation is priced according to the number of people staying there. If your party size changes, we’ll recalculate your booking cost based on the new number of people going. If fewer people share the accommodation, then the cost per person may go up. This extra cost isn’t a cancellation charge, and it isn’t normally covered by insurance.
We charge an ‘Amendment Fee’ for each detail of your booking we allow you to change; details are provided below. Please note that more major changes, including but not limited to, travelling later than planned, changes which lower the basic price of your holiday, and changes which result in your holiday ceasing to be a Package Holiday will be treated as a cancellation and incur the appropriate cancellation charges (see below).
Some arrangements cannot be removed once they have been added to your booking. These include: transfers, flight options, children’s activities, accommodation options such as room/board upgrades and late checkout rooms. Certain extras, such as excursions, theme park tickets and airport extras may be non-refundable. We will make this clear when you book those arrangements, please check with us if you are unsure at the time of booking.
Guide To Our Amendment Fees
|Changes||29 days or more to departure||28 – 15 days to departure||14 – 0 days to departure|
|To change a name, passenger or passenger type||£50 per person||£50 per person||100% of original cost|
|To change accommodation, flight time, airport, duration and/or to travel earlier than planned*||£50 per person||90% of original cost||100% of original cost|
|To travel later than planned||Cancellation charges apply – see section 12||Cancellation charges apply – see section 12||Cancellation charges apply – see section 12|
* please note there won’t be any reduction in the price you pay, even if your new travel arrangements are cheaper than the original booking.
If You Cancel Your Booking
If you want to cancel your booking, or part of it, you must contact us as soon as possible. Once your booking has been cancelled you can expect to receive a cancellation invoice within 14 days. If you don’t, please contact us.
To cover the cost of processing your cancellation, and to compensate us for the risk that we may not be able to resell your travel arrangements, we’ll make a cancellation charge on the scale shown below. You are responsible for paying this charge.
Guide To Our Cancellation Charges
These charges are based on how many days before your booked departure we receive your cancellation notice, and are a percentage of the total cost of your booking, not including your insurance premium. If you want to cancel one or more passengers on the booking you’ll have to pay a proportion of the applicable cancellation charge for those passengers.
|Period Before Departure When Notice Of Cancellation Is Received||Percentage Of Total Booking Price|
|70 days or more||Loss of deposit|
|69 – 63 days||30%|
|62 – 49 days||50%|
|48 – 29 days||70%|
|28 – 15 days||90%|
|14 – 0 days||100%|
Your deposit is non-refundable, even if the cancellation charge calculated is lower than the deposit amount paid. Where extra facilities or transport options are non-refundable, in part or in full, the cost of these will be added to the cancellation charge you have to pay.
The cancellation charge may be higher for certain travel arrangements, such as coach tours or scheduled airfares. Please ask for details of cancellation charges when you book and check your insurance policy to see if you’d be covered for the cost of any cancellation charges.
If We Cancel Your Booking
We aim to provide your holiday as booked. But if, for example, there are not enough people booked on your holiday or you do not pay the balance of the holiday price on time, we may be forced to cancel it. If we cancel your holiday for any reason other than non-payment, you can either have a refund or accept a replacement holiday from us of equivalent or similar standard and price, if we are able to offer you one. Should you choose this option the terms and conditions of your holiday will not change and these conditions will still apply to your booking. Whichever you choose, we will pay you compensation using the scale shown above (unless we cancel your holiday because you do not pay us the balance of the holiday price or because of one of the events listed in the ‘Important Note – Events Beyond Our Control’) and we will always refund the difference in price if the replacement holiday is of a lower standard and price. We will not cancel your holiday less than 12 weeks before you go, unless this is the result of one of the events in the ‘Important Note – Events Beyond Our Control’.
Your Financial Protection
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.
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 or a suitable alternative, 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 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.
The Package Travel, Package Holidays and Package Tours Regulations 1992 require us to provide security for the monies that you pay for the package holidays booked from us and for your repatriation in the event of our insolvency. We provide this security by way of an ATOL (number 10965) administered by the Civil Aviation Authority.
To improve safety, the European Commission has banned some airlines from operating in European airspace. In line with EU directive (EC) no. 2111/2005, Article 9, we need to make you aware of the list of banned airlines. You’ll find this at http://ec.europa.eu/transport/air-ban/list_en.htm
We will collect information about you such as
- your name,
- contact details,
- travel preferences and
- special needs/disabilities/dietary requirements
that you supply us or is supplied to us, including your social preferences, interests and activities and any information about other persons you represent (such as those on your booking).
Your information is collected when you request information from us, contact us (and vice versa), make a booking, use our website(s)/apps, link to or from our website(s)/apps, connect with us via social media and any other engagement we or our business partners have with you. We will update your information whenever we can to keep it current, accurate and complete.
To provide your holiday and ensure that it runs smoothly, we need to use information such as your name and address, special needs, dietary requirements, etc. Please be informed that we must pass it to suppliers of your travel arrangements, including airlines, hotels and transport companies; we may also supply it to security or credit checking companies, and to public authorities such as customs and immigration. When you make this booking, you consent to this information being passed to the relevant people.
For the purpose of providing you with our services, including your flight, holiday, security, incident/accident management or insurance, etc., we may disclose and process your information outside the UK/EEA. In order for you to travel abroad, it may be mandatory (as required by government authorities at the point(s) of departure and/or destination) to disclose and process your information for immigration, border control, security and anti-terrorism purposes, or any other purposes which they determine appropriate. Some countries will only permit travel if you provide your advance passenger data. These requirements may differ depending on your destination and you are advised to check. Even if not mandatory, we may exercise our discretion to assist where appropriate. Please be aware that data protection controls outside the EEA may not be as strong as the legal requirements in this country.
We may collect and process your information for the purposes set out below and in our registration with the Office of the Information Commissioner, and disclose the same to our group companies for business purposes and also to companies and our service providers who act as “data processors” on our behalf, or to credit and fraud agencies (some of whom are located outside the UK/EEA). These purposes include administration, service, quality and improvement-related activities, customer care, product innovation and choice, business management, operation and efficiencies, re-organisation/structuring/sale of our business (or group companies), risk assessment/management, security, fraud and crime prevention/detection, monitoring, research and analysis, social media, reviews, advertising and marketing, loyalty programmes, profiling customer purchasing preferences, activities and trends, dispute resolution/litigation, credit checking and debt collection.
Information (such as health or religion) may be considered “sensitive personal data” under the Data Protection Act 1998. We collect it to provide you with our services, cater to your needs or act in your interest, and we are only prepared to accept sensitive personal data on the condition that we have your positive consent to do so. By booking with us you also agree for your insurers, their agents and medical staff to exchange relevant information and sensitive personal data with us in circumstances where we/they need to act on your behalf or in the interest of passengers or in an emergency.
Using your information, we may from time to time contact you with or make available to you (directly or indirectly) information on offers of goods and services, brochures, new products, forthcoming events or competitions from ourselves or our carefully-selected partner companies. We will tailor the information you receive or see; this will enable us to make available to you more personalised and relevant communications. We may use innovative technologies and work with business partners to achieve this.
We will assume you agree to e-communications when you provide us with your email directly or in other situations such as in-store, competitions, promotions, prize draws and social media. You may withdraw from such communications at any time.
To ensure that we carry out your instructions accurately, improve our service and for security and fraud, we may review, monitor and/or record telephone calls; activities using CCTV in and around our premises; transactions and activities at all points of contact; and web, social media and app traffic, activities, etc. All recordings and derivative materials are and shall remain our sole property.
Caricom API Data: Please note that some or all of the Caricom states listed below have entered into an agreement with the USA whereby advance passenger data, required by and provided to Caricom states for border security purposes, will be passed to the USA Department for Homeland Security for processing on behalf of those Caricom states listed as follows: Anguilla, Antigua and Barbuda, The Bahamas, Barbados, Belize, Bermuda, British Virgin Islands, Cayman Islands, Dominica, Grenada, Guyana, Haiti, Jamaica, Montserrat, Saint Lucia, St Kitts and Nevis, St Vincent and the Grenadines, Surinam, Trinidad and Tobago, Turks and Caicos Islands. Collectively members or associate members of ‘Caricom’. The UK Information Commissioner’s Office has accepted that this will not breach the Data Protection Act but that we are required to bring this to your attention.
US Secure flight Data:
The Transportation Security Administration (TSA) requires you to provide your full name, date of birth ,and gender for the purpose of watch list screening, under the authority of 49 U.S.C. section 114, the Intelligence Reform and Terrorism Prevention Act of 2004 and 49 C.F.R parts 1540 and 1560. You may also provide your Redress Number, if available. Failure to provide your full name, date of birth, and gender may result in denial of transport or denial of authority to enter the boarding area. TSA may share information you provide with law enforcement or intelligence agencies or others under its published system of records notice. For more on TSA privacy policies, or to review the system of records notice and the privacy impact assessment, please see the TSA Web site at www.tsa.gov.
On request, you are entitled to a copy of the information we hold about you (for a £10 fee) and to correct any inaccuracies.
You have the right to ask in writing not to receive direct marketing material from us.
If available, you can amend your previous preference on our website(s), use our “unsubscribe email” to opt-out of personalised emails or refer to our literature containing instructions. Once properly notified by you, we will take steps to stop using your information in this way.
Our Responsibility For Your Holiday
We will arrange for you to receive the services that make up the holiday that you choose and that we confirm. These services will be provided either directly by us or through independent suppliers contracted by us. Except where we are a Booking Agent, we are responsible for making sure that each part of the holiday you book with us is provided to a reasonable standard and as was advertised by us (or as changed and accepted by you). If any part of your holiday is not provided as described, we will pay you compensation, if appropriate, unless this is due to reasons beyond our control (see ‘Important Note – Events Beyond Our Control’).
We will either fly with you or arrange for our staff or our agents to meet you upon arrival. If you are meeting our staff or agents upon arrival, we will tell you who you can expect to meet and where they will take you. Our staff or agents will meet you in the arrivals hall or just outside the airport.
We have taken all reasonable care to make sure that all the services that make up your holiday advertised by us are provided by efficient and reputable businesses. These businesses should follow local standards. However, overseas safety standards are generally lower than in the UK, for example few hotels yet meet EC fire safety recommendations even in Europe.
The arrival and departure times shown in the Confirmation Invoice are correct at the time of print but may change. The activities we describe may not always be possible due to delays or other factors outside of our control such as bad weather – and are always subject to availability. Sometimes we have to alter the order of activities or cancel activities entirely due to bad weather or other operational reasons.
It’s usually possible to check into accommodation upon arrival. However, if you arrive early, it may be necessary to wait until the afternoon to check in. We will advise you upon confirmation of the meals included in your package. If you arrive late e.g. because flights or transfers were late, you may miss a meal. There will be no compensation given in these circumstances.
On the last day of your holiday, you’ll usually have to leave your room by mid-morning or noon. You’ll be told the exact time when you get there. You may be able to keep your accommodation for longer, but there could be a charge.
We will communicate with you via email in the first instance, using the email address you have provided. For example, to provide your e-confirmation, e-ticket, e-cancellation, etc. We will assume that your email address is correct and that you understand the risks associated with using this form of communication. Please note that you may still have to contact us via telephone or in writing as required in our terms and conditions.
You’ll need to take out a suitable insurance policy (including dive insurance) for you and anyone travelling with you. We may offer you insurance when you book. If you choose not to take out our insurance, you’ll need to tell us who you’re insured with. We’ll need the company details and your policy number before you travel. We can’t accept responsibility for any loss that you or anyone travelling on your booking suffers if the individual isn’t adequately insured. As with all insurance policies, terms and conditions apply, so you need to make sure you’ve got the right policy for you.
If you’re travelling to the European Economic Area you’ll also need a European Health Insurance Card. You can apply at www.ehic.org.uk. You’ll need to have both this card and adequate travel insurance.
Infrastructure and services are not as robust in other countries as they are in the UK, so be aware of your personal safety at all times. If you are travelling outside Western Europe, we recommend drinking bottled water.
Getting on and off dive boats may mean walking through other boats. Areas where the boats dock may be uneven. Some countries we visit do not have as strong a health and safety culture as the UK, so take your time and make sure you are comfortable completing any activity. It’s a good idea to bring a small first aid kit with you, containing basics such as mosquito repellent and stomach upset remedies.
You must comply with all scuba diving safety procedures and only dive in line with your training and as advised by dive staff and in accordance with SEASFiRE and dive centre policy. Failure to adhere to safety procedures may result in you being suspended from diving further during the holiday. No refunds will be made for any dives missed from which you are suspended. Scuba diving carries with it inherent risks, and injury or death may result from failure to adhere to safety precautions or
If you suffer injury, illness or death directly as a result of the services provided as part of your holiday we may make a payment to you. We will not make any payment if your injury, illness or death was caused by an event or circumstances which the person who caused it could not have predicted or avoided even if they had taken all necessary and due care. We will not make any payment if your illness, injury or death was your own fault. If we do make a payment, it will be similar to one you would receive under English law in an English court.
You must tell us and the supplier involved about your injury or illness while you are still on the holiday. You should also write to us about your claim within three months of coming home from your holiday to allow us to investigate it properly and cooperate with us so as to enable us to carry out such investigation. Please include a letter about your injury or illness from your doctor if you can. You should transfer to us any rights you have against the supplier or any other person. You should cooperate fully with us if we or our insurers want to enforce those rights. Any payments we make may be limited in accordance with international conventions.
We ask you to transfer your rights to us so that we can claim back from suppliers any payments we make to you, plus any legal or other costs. We will not make a profit from this. If we get back from the supplier more than we have paid you plus these costs, we will give the extra money to you.
If you or someone on your holiday booking is injured, falls ill or dies while taking part in an activity which is not part of the holiday, or you need to incur unpredictable extra expenses for which we are not liable because the event is beyond our control (see ‘Important Note – Events Beyond Our Control’) we will, where appropriate and subject to our discretion, try to help if we can. We may help everyone on your holiday booking up to a total cost to us of £5,000 as long as the following conditions are met:
- You must ask us for help within three months of coming back from holiday.
- You must make a claim under your insurance policy’s legal expenses or other appropriate section. You must show us proof that your insurance company has received your claim and, if you get back the cost of legal or other expenses, you must repay us any money we have spent in helping you.
If you have a medical condition, a serious illness, or you’ve recently had surgery or an accident, you’ll need to be cleared for travel by the airline. You may also need a ‘Fitness to Fly’ certificate from your GP, and will certainly need medical clearance to scuba dive. Conditions that need medical clearance include respiratory, coronary or infectious illness. You’ll need to give your request for medical clearance to the airline at least four working days before you’re due to fly.
SEASFiRE staff and dive staff are usually trained in Emergency First Response. Please make sure you inform staff of any medications you are taking and any maladies you may be suffering. If you are undertaking dive training as part of your holiday, you must complete the PADI Medical Statement before you go on holiday. If you answer “YES” to any of the conditions listed, you must receive written confirmation from a doctor that you are medically fit to dive. SEASFiRE will not be responsible for any failure to disclose medical conditions or medication, nor for any failure to secure such confirmation from a doctor.
If you are not completing dive training, and even if you answer “NO” to all of the questions on the PADI Medical Statement, we recommend you check with your doctor before you go on holiday if you are planning on scuba diving. You may need to pay for this, and it is not included in our charges. Be aware of the latest recommendations with regard to flying after diving, and make sure that your insurance covers diving accidents and evacuation.
Hygiene standards are not as high in other countries, particularly developing countries, as they are in the UK. In order to protect yourself, we recommend you wash your hands after using the toilet and shower after every dive.
The risk of deep vein thrombosis while flying is extremely low but is still a serious medical condition. DVT is when a blood clot forms, usually in the lower leg, sometimes because of sitting still for a long time. It needs treatment with blood-thinning drugs to prevent clots breaking off and travelling to the lungs. You can take precautions to reduce the risk. People most at risk include those with a history of bronchial or circulatory problems, thrombosis, those recently hospitalised, smokers, the obese, those with congestive heart failure, a malignant disease, pregnant women or women taking the contraceptive pill. To reduce the risk, exercise your legs from time to time, or walk around if possible. Elastic stockings may be helpful. Drink plenty of non-alcoholic liquids to prevent dehydration. See your doctor if you think you may be particularly prone to DVT.
If you think you might need to ask for therapeutic oxygen during your flight, please contact your airline for details at least one month before your departure date.
If you have specific medical needs, think about whether the healthcare system in the destination you’re looking at is likely to be able to meet those needs, if you have any problems while you’re away. Consider things like the country’s state of development and its size. You may find it helpful to look at http://www.fco.gov.uk/en/travel-and-living-abroad/
Pregnant women are not allowed to scuba dive. You will need to check airline policy with regard to travel restrictions. Please check your insurance policy for any restrictions that apply. Many policies only cover up to the 28th week.
Speak to your doctor at least two months before you’re due to go away. Some treatments, for malaria for example, should begin well before you go. If you’re booking within three weeks of your departure, speak to your doctor before you book. There’s more information available in the Department of Health’s free leaflet – Health Advice for Travellers. Call 0800 555 777 for a copy.
Dealing With Our Staff or Agents
We reserve the right to refuse to accept you as a customer or continue dealing with you if we, or another person in authority, believe your behaviour is disruptive, causes unnecessary inconvenience, is threatening or abusive, you damage property, you upset, annoy, disturb, or put any other traveller or our staff or agents in the UK or resort in any risk or danger, on the telephone, in writing or in person.
While Flying or Diving
Checking in for Your Flight We recommend you arrive at the airport at least two hours before your scheduled departure time. For flights over seven hours, it’s three hours before. Regardless of the length of your flight, you need to have completed check-in at least an hour before departure.
UK airlines need to carry out enhanced security screening from certain destinations for return flights to the United Kingdom. If this applies to your flight, you’ll be told whilst you’re on holiday as it may mean that you need to check in a bit earlier. You might need to be at the boarding gate earlier, too.
If we think you may be under the influence of alcohol or pose a threat to passengers or crew, you won’t be able to fly. The same applies if you smoke, use insulting or abusive words before or after you board. If that happens, we won’t be responsible for your holiday arrangements and we won’t give you a refund, pay compensation, or cover any other costs. We may even seek compensation from you for any loss caused by your behaviour. This includes having to divert the plane.
It’s also a criminal offence to cause disruption on board, so you may be prosecuted. Airlines may also share details about your behaviour with other airlines, which could affect your future trips.
You’ll be allocated your seats when you check in. If you check in online, you must drop your bags off before bag drop closes.
If the Captain of your flight or dive boat or any of our resort staff or agents believes that you could be disruptive, you are exhibiting dangerous behaviour or that you are suffering from a contagious disease, they can also refuse to let you proceed with your travel arrangements, restrict your movements on board, disembark you from a ship or aircraft, or remove you from your accommodation or excursion.
In any of these circumstances no refunds or compensation will be paid to you and we may make a claim against you for any damages, costs and expenses (including legal expenses) incurred as a result of your behaviour including but not limited to
- repairing or replacing property lost, damaged or destroyed by you
- compensating any passenger, crew, staff or agent affected by your actions
Criminal proceedings may also be instigated.
If you are disruptive and prevented from boarding your outbound flight in the UK, we will treat your booking as cancelled by you from that moment, and you will have to pay full cancellation charges. If this occurs overseas then you will become responsible for your own return home and any other members of your group who cannot or will not travel without you. We will not be liable for any refund, or compensation or any costs or expenses you incur.
If you are refused carriage because of your behaviour, or you are under the influence of alcohol or drugs, your airline may pass on your details and date of the refusal of carriage to other airlines for their information. This in turn may make it difficult for you to book other airline tickets.
For the purposes of this section reference to “you” or “your” includes any other person in your party.
If you leave something behind on the plane during your flight out, you’ll need to contact the overseas airport and ask them to check their lost property. If it’s on your flight home, let us know and we’ll do our best to track down the item for you. If you leave what we class as a ‘valuable item’ at your hotel or elsewhere, like a camera, a laptop or a wallet, we’ll do our best to find it for you and arrange for it to be returned, and there may be a charge for this. If we can’t find your item, we’ll send you a statement to support your travel insurance claim.
Luggage allowances vary, and could change, so please check when you book.
There may be a charge for excess luggage and sports equipment. You can arrange to take diving equipment and other sports equipment on your flight. If you don’t book, you may still be able to check in your own equipment. We can’t guarantee this and there may be a charge. Any problems with excess luggage charges need to be sorted out at the airport. We can’t guarantee you’ll be able to take bulky sports equipment with you on the coach to your holiday accommodation, and there may be an extra charge.
Please report any lost luggage or damage to your airline within seven days. If not, under the terms of the Montreal Convention, we won’t be liable. See Montreal Convention for details. If your luggage is damaged on your way back to the UK, you need to complete a Property Irregularity Form (PIF) at the airport and keep a copy of it for insurance purposes.
We’ll always do our best to seat your group together on a flight but we can’t guarantee this.
Emergency exit row seats are only available to passengers who are able to move quickly and operate the emergency exit without difficulty – in line with European Aviation Safety Authority (EASA) regulations.
Any passengers who have difficulty moving quickly – either because of physical or mental impairment or disability, age or sickness, or physical size – cannot sit in these seats. Neither can anyone under the age of 14 – whether accompanied or not, anyone who requires an extension seatbelt, anyone who’s under the influence of alcohol or anyone who’s travelling with an assistance animal.
These regulations have been put in place by the EASA and are for the safety of our passengers. The cabin crew have the final say and we kindly ask that their decisions are respected.
At the Destination
If you visit the beach, make sure you check any flag warning systems and take local conditions into account, particularly things like undercurrents and tides. Check with local dive staff about swimming conditions. You will need to supervise children at all times as most beaches won’t have a lifeguard.
You may find that public beaches are closed at certain times, particularly in low season. Beach closures are carried out by local authorities so are beyond our control.
Any accommodation we arrange for you must only be used by those people named on your Confirmation Invoice (or on latest Amendment Invoice issued). You are not allowed to share the accommodation or let anyone else stay there. You are responsible for the cost of any damage caused to your accommodation or its contents during your stay. These charges must be met by you and may have to be paid locally.
We can provide shared or single accommodation as required. Some accommodation may also have bathrooms and kitchen facilities shared between several rooms. We will provide details of the facilities and accommodation standards when you make your booking and on the confirmation invoice.
If you book a room with a sea view, it may be partly blocked by trees or smaller buildings, or across a road, but you’ll still be able to see the sea. If we describe a room as a Limited Sea View, this will generally mean that your view of the sea will be to the side rather than directly in front of you. There may also be more obstructions like trees between your room and the sea than with a Sea View room.
We may introduce you to reputable third party suppliers of excursions or other leisure services, including the provision of scuba diving and other activities. When undertaking these activities, your contract will be with that supplier directly and we act only in the capacity of an agent, and therefore would have no liability for the proper performance of that contract.
The terms and conditions in this document will not apply to any contract for the provision of excursions or other leisure services.
By asking us to confirm your booking, you are accepting on behalf of all persons travelling on this booking that the terms of this Agreement, which incorporate the information, restrictions and obligations set out in this document, and the conditions of any terms and conditions of carriage constitute the entire agreement between us with regard to your booking and your travel arrangements. You also consent to our processing personal information about you and other members of your party. Where the context permits, reference to “you” and “your” will include you and all persons travelling on this booking.
Your contract with us shall be governed by and construed in accordance with the law of England and Wales. You agree to submit to the exclusive jurisdiction of the courts of England and Wales over any claim or matter arising under or in connection with your contract with us. You may however choose to submit to the law and jurisdiction of Scotland or Northern Ireland if you are resident in either of these jurisdictions but not to any other law and/or jurisdiction.
It is a condition of booking that you and all members of your party provide certain information that may be sent to governmental authorities and border control and security agencies for the purpose of security and counter terrorism. This is known as Advanced Passenger Information, sometimes known as APIS. The information you must provide will include, but not be limited to, full name – as shown in your passport or travel document, gender, date of birth, travel document type, number, country of issue and expiry date, and for travel to the United States, your country of residence and the address for your first night’s stay.
It is your responsibility to comply with all passport, visa and other immigration requirements. Your passport and travel documents must be intact; you may be refused travel if they are damaged or have been tampered with. We do not accept any responsibility if you cannot travel because you have not complied with these requirements.
The best place for up–to–date information on visa and travel advice is the Foreign Office. Visit www.fco.gov.uk/travel or call 0845 850 2829. There may be specific entry requirements for under-18s, depending on your destination. For example, if a young person is travelling without both parents, there may be extra costs and they may need extra legal documents such as an affidavit, from a notary public. Always check with the consulate or embassy of the country you’re travelling to before you book.
The Conditions Of Your Ticket
When you travel by air or by sea, your journey may be subject to certain international conventions such as the Warsaw Convention, Montreal Convention or Athens Convention. You agree that the transport company’s own ‘Conditions of Carriage’ will apply to you on that journey. When arranging this 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 these terms and conditions form part of your contract with us as well as with the transport company. You can ask us or the travel agent booking your holiday to provide you with a copy of any of the conditions applicable to your journey. The airline’s terms and conditions are available on request. We will tell you the identity of the air carrier when you book with us and if it is not known at that time or subsequently changes we will inform you as soon as possible and no later than at check-in for your flight.
Depending on airport facilities and airline policy, your airline may provide light refreshments for a delay of 2 to 4 hours, a meal – or vouchers for a meal – for 4 to 8 hours, overnight accommodation for delays of 8 to 12 hours if it’s necessary and possible.
Things to Bear in Mind
Please bear in mind that many things you come across will be different to what you’ve come to expect at home. Road conditions, water and power supply are often less robust than the UK. If there’s a prolonged drought, it might interrupt water supplies. You may find in some destinations you won’t be able to flush toilet paper down the toilet. There may be a temporary loss of power from time to time because power is generated in the resort and these need to be switched over regularly and occasionally fail.
Some of our hotels don’t have a lift. If stairs are a problem for you, please ask us for more details before you book so we can suggest a suitable property.
There are sometimes tropical storms and hurricanes in Florida, the Caribbean and Mexico between June and November. It’s impossible to predict their path or how long they will last more than three of four days in advance, and often it’s much less. South-east Asia may be affected by its monsoon season, typically May to September. If a storm is forecast for one of our destinations, your safety is always our first priority. If there are hurricanes during your holiday we follow the advice of the Foreign and Commonwealth Office
Please also bear in mind that some hotel facilities – like outdoor bars and some sports, including diving – may not be possible in adverse weather.
Wi-fi services can be unreliable, particularly in developing countries. Storms may interrupt service, bandwidths may vary, signal can be intermittent. Some hotels may charge for access or may offer an upgrade to a higher bandwidth which you may need to pay for. The upgraded service may also cover a different location to the free Wi-Fi zones. Some hotels may have a data cap on usage, or the free Wi-Fi may be restricted to a daily time limit per device or room. Once this usage or time limit is reached, there may be a charge to continue using the service. Factors that may reduce signal strength include high usage – particularly if lots of devices are using Wi-Fi at the same time, obstructions like thick walls and electronic machinery and adverse weather conditions. The device used to connect to the Wi-Fi – e.g. mobile phone, tablet or laptop – may result in a differing quality of service received. Wi-Fi zones may not be in the same location at every hotel. If your device isn’t connected to Wi-Fi, remember to turn off data roaming to avoid possible data charges.
Local Laws and Customs
Sometimes local laws, religious customs or events mean facilities aren’t available. For example, in Muslim countries during the month of Ramadan, bars and restaurants – including hotel restaurants – may change their opening hours. You may not be allowed to eat, drink or smoke in public areas during daylight hours either. Drinking and gambling ages vary by destination. It’s a good idea to find out more before you travel. You’ll need to abide by the laws and customs of each country you visit. For the most up-to-date information, we recommend you check http://www.fco.gov.uk/en/travel-and-living-abroad/travel-advice-by-country/
When visiting mosques or churches, you need to keep knees and shoulders covered.
Your accommodation may be near a bar or 24-hour restaurant, in which case some late night noise may occur. Some traffic noise is inevitable in cities.
From time to time, building work is unavoidable, particularly where hotels are open all year round, and it can be noisy. If we’re aware of any work, we’ll let you know as soon as possible if we think it’ll affect your holiday. This can be difficult as we don’t control the work and we’re not always told when it’ll happen and how long it will last. But if we think it’ll have a significant effect, you’ll have the option of a refund or an alternative holiday, as outlined under ‘Major changes to your holiday’ in Section 4.
To Raise A Complaint
If you have a complaint about your arrangements whilst away, you must immediately notify the supplier of the service in question locally. If they are unable to resolve the problem immediately, and a member of our staff is not available, you should contact us straight away by phone/fax/email and we will endeavour to assist. If you are still not satisfied on your return home, you must write to us within 28 days of returning from your holiday to allow your complaint to be investigated properly. Please write your holiday reference number on your letter, and include your daytime and evening telephone numbers. If you do not give us the opportunity to resolve any problem locally by reporting it to the supplier, or calling and informing us, then we may not be able to deal positively with any complaint on your return.
The Montreal Convention
Certain rules and regulations apply to air and sea travel. These are set out in the Montreal Convention for air, and the Athens and London Conventions for sea. Below is a summary of the key points of the Montreal Convention.
This is a notice required by European Community Regulation (EC) No. 889/2002.
Air carrier liability for passengers and their baggage
This information notice summarises the liability rules applied by Community air carriers as required by Community legislation and the Montreal Convention.
Compensation In The Case Of Death Or Injury
There are no financial limits to the liability for passenger injury or death. For damages up to 100,000 SDRs (approximately £96,000), the air carrier can’t contest claims for compensation. Above that amount, the air carrier can defend itself against a claim by proving that it wasn’t negligent or otherwise at fault.
If a passenger is killed or injured, the air carrier must make an advance payment, to cover immediate economic needs, within 15 days from the identification of the person entitled to compensation. In the event of death, this advance payment shall not be less than 16,000 SDRs (approximately £15,360).
In case of passenger delay, the air carrier is liable for damage unless it took all reasonable measures to avoid the damage or it was impossible to take such measures. The liability for passenger delay is limited to 4,150 SDRs (approximately £3,980).
In case of baggage delay, the air carrier is liable for damage unless it took all reasonable measures to avoid the damage or it was impossible to take such measures. The liability for baggage delay is limited to 1,000 SDRs (approximately £960).
Destruction, Loss Or Damage To Baggage
The air carrier is liable for destruction, loss or damage to baggage up to 1,000 SDRs (approximately £960). In the case of checked baggage, it’s liable even if not at fault, unless the baggage was defective. In the case of unchecked baggage, the carrier is liable only if at fault.
Higher Limits For Baggage
A passenger can benefit from a higher liability limit by making a special declaration at the latest at check-in and by paying a supplementary fee.
Complaints About Baggage
If the baggage is damaged, delayed, lost or destroyed, the passenger must write and complain to the air carrier as soon as possible. In the case of damage to checked baggage, the passenger must write and complain within 7 days, and in the case of delay within 21 days, in both cases from the date on which the baggage was placed at the passenger’s disposal.
Liability Of Contracting And Actual Carriers
If the air carrier performing the flight is not the same as the contracting air carrier, the passenger has the right to address a complaint or to make a claim for damages against either. If the name or code of an air carrier is indicated on the ticket, that air carrier is the contracting air carrier.
Time Limit For Action
Any action in court to claim damages must be brought within 2 years from the date of arrival of the aircraft, or from the date on which the aircraft ought to have arrived.
Basis For The Information
The basis for the rules described above is the Montreal Convention of 28 May 1999, which is implemented in the Community by Regulation (EC) No. 2027/97 (as amended by Regulation (EC) No. 889/2002) and national legislation of the Member States.