PLEASE READ CAREFULLY: applicable to all bookings confirmed from 01 july 2018 onwards
BOOKING CONDITIONS & GENERAL INFORMATION
About our trips
Please read carefully through the following information about booking a Regaldive package. When you book (whether by phone, travel agent or dive centre), you will be asked to confirm that you have read and understood these pages, as well as our Booking Conditions.
The combination of travel services offered to you is a package within the meaning of the Package Travel and Linked Travel Arrangements Regulations. Therefore, you will benefit from all EU rights applying to packages. Regaldive will be fully responsible for the proper performance of the package as a whole.
Additionally, as required by law, Regaldive has protection in place to refund your payments and, where transport is included in the package, to ensure your repatriation in the event that it becomes / they become insolvent.
Key rights under the Package Travel and Linked Travel Arrangements Regulations 2018
Travellers will receive all essential information about the package before concluding the package travel contract.
- There is always at least one trader who is liable for the proper performance of all the travel services included in the contract.
- Travellers are given an emergency number or details of a contact point where they can get in touch with the organiser or travel agent.
- Travellers may transfer the package to another person, on reasonable notice and possibly subject to additional costs.
- Travellers may terminate the contract without paying any termination fee and get a full refund of any payments if any of the essential elements of the package, other than the price, are changed significantly. If before the start of the package the trader responsible for the package cancels the package, travellers are entitled to a refund and compensation where appropriate.
- Travellers may terminate the contract without paying any termination fee before the start of the package in the event of exceptional circumstances, for instance if there are serious security problems at the destination which are likely to affect the package.
- Additionally, travellers may at any time before the start of the package terminate the contract in return for an appropriate and justifiable termination fee.
- If, after the start of the package, significant elements of the package cannot be provided as agreed, suitable alternative arrangements will have to be offered to the traveller at no extra cost. Travellers may terminate the contract without paying any termination fee, where services are not performed in accordance with the contract and this substantially affects the performance of the package and the organiser fails to remedy the problem.
- Travellers are also entitled to a price reduction or compensation for damages or both where the travel services are not performed or are improperly performed.
- The organiser has to provide assistance if the traveller is in difficulty.
- If the organiser or the retailer becomes insolvent, payments will be refunded. If the organiser or, where applicable, the retailer becomes insolvent after the start of the package and if transport is included in the package, repatriation of the travellers is secured. Regaldive has taken out insolvency protection with the Civil Aviation Authority of CAA House, 45-59 Kingsway, London WC2B 6TE (ATOL number 2595). Travellers may contact this entity if services are denied because of Regaldive’s insolvency.
The Package Travel and Linked Travel Arrangements Regulations 2018
Full details of the Package Travel and Linked Travel Arrangements Regulations 2018 can be found here:
BOOKING CONDITIONS - PLEASE READ CAREFULLY:
YOUR TOUR CONTRACT
1: BOOKING & PAYMENT OF DEPOSIT
a) The deposit payable to confirm a booking will be advised at the time of booking / enquiry and depends on the package booked, flight costs, boat deposit required etc. If a booking is made 70 days or less prior to your departure date, the full payment of the cost of the holiday is required. The booking is binding on the Company only when it has issued confirmation in writing. Any person submitting a booking, or on whose behalf a booking is made, is responsible for ensuring that the payment of any sums due in respect of the booking is duly made to the Company.
b) The Company reserves the right to decline any bookings.
c) The Company is not under any obligation to dispatch any tickets, vouchers or documents until full payment of the booking has been received by the Company or its authorised travel agent.
All monies paid to any authorised travel agent of the Company for your flight inclusive holiday with the Company will be held on behalf of and for the benefit of the Trustees of the Air Travel Trust subject to the travel agent’s obligation to pay such monies to the Company in accordance with the Company’s trading terms unless the Company fails. In the unlikely event of the Company’s financial failure, all monies then held by the travel agent or subsequently paid by you to the travel agent will be held by the agent on behalf of and for the benefit of the Trustees of the Air Travel Trust without any obligation on the agent to pay such monies to the Company.
Dive centres are not bonded and are not classed as an agent for the Company. The Company cannot be held responsible for any monies made payable to such dive centres. Instead, all cash payments and cheques should be sent directly to the Company.
2: PAYMENT OF FULL BALANCE
Full payment must be received by the Company not later than 70 days prior to the scheduled departure date of the holiday. In the case of non-payment of the balance by the due date, the Company reserves the right to cancel your booking and cancellation charges as stated in clause 3 will apply. Any monies paid by you to an authorised travel agent for tours operated by the Company are held by the agent on the Company's behalf. You can pay the deposit by debit card, credit card, bank transfer or cheque, and your balance by debit card, bank transfer or cheque.
3: CANCELLATION BY A CUSTOMER BEFORE DEPARTURE
When a client wishes to cancel a booking, and notification of the cancellation, which must be made in writing to the Company, is received within the period stated below, the following percentages of the entire cost of the holiday will be charged, together with the full insurance premium. However, some suppliers have conditions which require the payment of higher or different charges (including the imposition of 100% cancellation charges well in advance of the normal balance due date) which you will have to pay in the event of cancellation. You will be advised at the time of booking if this is the case for your tour. More than 70 days = loss of deposit, 70 – 42 days = 60%, 41 - 29 days = 75%, 28 - 0 days = 100%. Amendment charges and insurance premiums are not refundable in the event of cancellation.
The cancellation charges above have been calculated as a genuine pre-estimate of the losses we would incur in the event you cancelled your holiday within the stipulated time period, taking into account the charges we will incur from our suppliers (some of which will be up to 100%) and the expected cost savings and income from alternative deployment of the travel services (if possible) calculated as an average charge over a period of time.
You are required to take out comprehensive travel insurance which includes cover against cancellation charges. Depending on the reason for the cancellation, you may be able to reclaim the cancellation charges (less any applicable excess) under the terms of the insurance policy. All claims must be made direct to the insurance company. In the event of the cancellation of a booking where the client is liable to pay to the Company cancellation charges in excess of the amount already paid to the Company at the time of cancellation, the client cannot transfer or add these charges to another booking or use any amounts paid to us in relation to the cancelled booking by way of part payment for another booking. Should one or more member of a party cancel, it may increase the per person holiday price of those still travelling and you will be liable to pay this increase.
4: MODIFICATION BY THE CUSTOMER & TRANSFER OF BOOKING
Should you wish to make a change to an existing booking we will arrange this, subject to availability, up to 70 days of departure, but will impose an administration charge of £75 per person for each item changed. Thereafter, all changes will be treated as cancellations and subject to the cancellation charges stated in clause 3. Dates of travel and / or resort cannot be modified. Any amendment charges imposed by suppliers will be charged to the customer.
If you or any member of your party is prevented from travelling, that person(s) may transfer their place to someone else, subject to the following conditions:
a) That person is introduced by you and satisfied all the conditions applicable to the holiday;
b) We are notified not less than 7 days before departure;
c) You pay any outstanding balance payment, an amendment fee of £75 per person transferring, as well as any additional fees, charges or other costs arising from the transfer. As most airlines do not permit name changes after tickets have been issued for any reason, these charges are likely to be the full cost of the flight / an alternative flight; and
d) The transferee agrees to these booking conditions and all other terms of the contract between us.
You and the transferee remain jointly and severally liable for the payment of all sums. If you are unable to find a replacement, cancellation charges as set out in clause 3 will apply in order to cover our estimated costs. Otherwise, no refunds will be given for passengers not travelling or for unused services.
5: MODIFICATION BY THE COMPANY
a) While the Company will do its best to operate all tours as advertised, it reserves the right to change and correct errors in any of the facilities, services, prices or itineraries described on our website at any time before or after your booking is confirmed. Most changes are insignificant. Departure ports for liveaboards may change after confirmation and this may require a longer transfer on arrival / departure. This is classed as an insignificant change.
Occasionally, we have to make a significant change. If a significant change has to be made, the Company will inform the client as soon as reasonably possible, if there is time before departure. In the case of any significant modification or of cancellation, the Company will, if possible, offer alternative arrangements or, if these are not acceptable, a full refund of monies will be paid. When offering alternative arrangements the Company will, if accommodation is affected, endeavour to provide an alternative in the same area. If the Company is only able to offer a lower classification of hotel it will refund the difference in the price.
b) A significant change, as mentioned in 5a above, is one which has a significant effect on the customer’s holiday, such as change of accommodation to a different resort or to any inferior classification in the same resort for the whole or a significant part of your time away, a change of departure or return timings of more than 20 hours or a change of departure airport which will cause substantial inconvenience to the customer. A change between one of the four London airports would not be considered significant.
c) Force Majeure : Except where otherwise expressly stated in these conditions, we regret we cannot accept liability or pay any compensation where the performance or prompt performance of our obligations under our contract with you is prevented or affected by or you otherwise suffer any injury, damage, loss or expense of any nature as a result of "unavoidable and extraordinary circumstances". In these conditions, "force majeure" means any event beyond our control, the consequences of which could not have been avoided even if all reasonable measures had been taken. Examples include warfare and acts of terrorism (and threat thereof), civil strife, significant risks to human health such as the outbreak of serious disease at the travel destination or natural disasters such as floods, earthquakes or weather conditions which make it impossible to travel safely to the travel destination or remain at the travel destination, 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, unavoidable technical problems with transport and all similar events outside our or the supplier(s) concerned’s control.
Brexit Implications; please note that certain travel arrangements may be affected as a result of the United Kingdom’s decision to leave the European Union. This could include an unavailability of certain flight routes, access to certain ports and airports and changes to the visa requirements of British citizens travelling to, within or through the EU. Please rest assured that this is something we will continue to monitor and will advise our customers as soon as possible if we become aware of any confirmed bookings that will be affected. However, since this is something which is completely unprecedented and outside our control, we would treat any such changes as Force Majeure and whilst we will endeavour to provide suitable alternative arrangements or refunds where possible, we will not be liable to pay you any compensation.
6: CANCELLATION BY THE COMPANY
a) The Company reserves the right to cancel a tour in any circumstances but will not cancel a tour less than 28 days before the start of the holiday except for force majeure (see clause 5c), or the client's failure to make all payments (including the final balance and any surcharge) when due. Please note, some tours require a minimum number of participants to enable us to operate them (liveaboards for example). If any tour does not have the minimum number of participants required to make it commercially viable, we are entitled to cancel it. We will notify you or your travel agent of cancellation for this reason not less than 28 days before the start of your tour. If we have to cancel, we will tell you as soon as possible. If we have to make a significant 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 significant changes) accepting the changed arrangements; or
ii) Having a refund of all monies paid; or
iii) Accepting an offer of alternative travel arrangement of comparable or higher standard from us, if available (at no extra cost); or
iv) If available, accepting an offer of alternative arrangements of a lower standard, with a refund of the price difference between the original arrangements and the alternative arrangements.
You must notify us of your choice within 7 days of our offer. If we do not hear from you within 7 days, we will contact you again to request notification of your choice. If you fail to respond again, we will assume that you have chosen to accept the change or alternative booking arrangements.
We regret we cannot meet any visa, vaccination or similar consequential costs in the event of any change or cancellation by us.
b) You are advised only to book fully flexible transport and other arrangements, which can be cancelled or changed without charge, we cannot pay any cancellation, amendment of other charges you may incur in relation to any transport or other arrangements which you have to change or cancel as a result of the cancellation of your tour. In addition, we will as a minimum, where compensation is due, pay you the compensation set out in clause 5d below depending on the circumstances and when the cancellation is notified to you or your travel agent subject to the following exceptions.
c) Compensation will not be payable and no liability beyond offering the above mentioned choices can be accepted where:
- we make an insignificant change;
- we make a significant change or cancel your arrangements 28 days or more before departure;
- we make a significant change and you accept those changed arrangements or you accept an offer of alternative travel arrangements;
- we have to cancel your arrangements as a result of your failure to make full payment on time;
- the change or cancellation by us arises out of alterations to the confirmed booking requested by you;
- we are forced to cancel or change your arrangements due to Force Majeure;
- we have to cancel because the minimum number of participants necessary for us to operate your holiday has not been reached;
|Period before departure in which we notify you||Amount you will receive from us|
|More than 28 days||NIL|
|Between 14 and 27 days||£20|
|Between 1 and 13 days||£30|
7: THE COMPANY’S LIABILITY TO THE CUSTOMER
Bookings are accepted on the understanding that clients appreciate and accept the possible risks inherent in diving and that they undertake the holidays featured in our programme at their own volition. Each person wishing to participate in such activities may be asked by the supplier to sign additional forms and in all cases must adhere to the restrictions imposed by the supplier.
1) We will accept responsibility for the arrangements we agree to provide or arrange for you as an “organiser” under the Package Travel and Linked Travel Arrangements Regulations 2018 as set out below and as such, we are responsible for the proper provisions of all travel services included in your package as set out in your confirmation invoice. Subject to these Booking Conditions, if we or our suppliers negligently perform or arrange those services and we don’t remedy or resolve your complaint within a reasonable period of time, 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 for any injury, illness, death, loss (for example loss of enjoyment), damage, expense, cost or other sum or claim of any description whatsoever which results from any of the following: - the act(s) and/or omission(s) of the client(s) affected or any member(s) of their party or the act(s) and/or omission(s) of a third party not connected with the provision of your tour and which were unavoidable and extraordinary or 'force majeure' as defined in clause 5c above.
3) Please note, we cannot accept responsibility for any services which do not form part of our contract. This includes, for example, any additional services or facilities which any supplier agrees to provide for you where the services or facilities are not advertised by us and we have not agreed to arrange them as part of our contract. In addition, regardless of any wording used by us on our website, in any advertising material or elsewhere, we only promise to use reasonable skill and care as set out above and we do not have any greater or different liability to you. Any optional excursions or activities booked during your holiday do not form part of our contract as these are all arranged for you directly by the suppliers concerned – please see clause 13 Excursions below.
4). Please bear in mind that standards of, for example, safety, hygiene, and quality may vary throughout the destinations, services and transport your tour involves and may be lower than or different from those applicable in the UK. This is particularly important where liveaboard dive boats are concerned, when the clear limitations of being on such a small vessel must be accepted.
5) As set out in these conditions, we limit the maximum amount we may have to pay you for any claims you may make against us. We do not, however, limit or exclude our liability for death or personal injury caused by the negligence of ourselves or our employees (providing they were at the time acting within the course of their employment). Where we are found liable for loss of and/or damage to any luggage or personal possessions (including money), the maximum amount we will have to pay you is £500 per person affected unless a different limitation applies to your claim under clause 7(6) below. You must ensure you have appropriate travel insurance to protect your personal belongings. For all other claims which do not involve death or personal injury, if we are found liable to you on any basis, the maximum amount we will have to pay you is up to 3 times the price (excluding insurance premiums and amendment charges) paid by or on behalf of the person(s) affected in total unless a lower limitation applies to your claim under clause 7(6) below. This maximum amount will only be payable where everything has gone wrong and you have not received any benefit at all from your tour.
6) Where any claim or part of a claim (including those involving death or personal injury) concerns or is based on any travel arrangements (including the process of getting on and/or off the transport concerned) provided by any air, sea, rail or road carrier, the maximum amount of compensation we will have to pay you will be limited. The most we will have to pay you for that claim or that part of a claim if we are found liable to you on any basis is the most the carrier concerned would have to pay under the international convention or regulation which applies to the travel arrangements in question were that claim made against it (for example, the Warsaw Convention 1929 as amended or unamended and the Montreal Convention 1999 for international travel by air and/or for airlines with an operating license granted by an EU country, the EC Regulation on Air Carrier Liability No 889/2002 for national and international travel by air, the Athens Convention 1974 for international travel by sea and COTIF, the Convention on International Travel by Rail). Please note: where a carrier would not be obliged to make any payment to you under the applicable international convention or regulation in respect of a claim or part of a claim, we similarly are not obliged to make a payment to you for that claim or part of the claim. When making any payment, we are entitled to deduct any money which you have received or are entitled to receive from the carrier or hotelier for the complaint or claim in question. Copies of the applicable international conventions and regulations are available from us on request.
7) Please note, we cannot accept any liability for any damage, loss, expense or other sum(s) of any description (1) 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 (2) which did not result from any breach of contract or other fault by ourselves or our employees or, where we are responsible for them, our suppliers. Additionally we cannot accept liability for any expenses or losses incurred by or relating to any business including self employed loss of earnings.
8) You must provide ourselves and our insurers with all assistance we may reasonably require. You must also tell us and the supplier concerned about your claim or complaint as set out in clause 6. If you have a Complaint: if asked to do so, you must transfer to us or our insurers any rights you have against the supplier or whoever else is responsible for your claim or complaint (if the person concerned is under 18, their parent or guardian must do so). You must also agree to cooperate fully with us and our insurers if we or our insurers want to enforce any rights which are transferred.
9) Where it is impossible for you to return to your departure point as per the agreed return date of your package, due to “unavoidable and extraordinary circumstances”, we shall provide you with any necessary accommodation (where possible, of a comparable standard) for a period not exceeding three nights per person. Please note that the 3-night cap does not apply to persons with reduced mobility, pregnant women or unaccompanied minors, nor to persons needing specific medical assistance, provided we have been notified of these particular needs in advance. For the purposes of this clause, “unavoidable and extraordinary circumstances” mean warfare, acts of terrorism, significant risks to human health such as the outbreak of serious disease at the travel destination or natural disasters such as floods, earthquakes or weather conditions which make it impossible to travel safely back to your departure point.
8: PROMPT ASSISTANCE
If, whilst you are on holiday, you find yourself in difficulty for any reason, we will offer you such prompt assistance as is appropriate in the circumstances. In particular, we will provide you with appropriate assistance on health services, local authorities and consular assistance, and assistance with distance communications and finding alternative travel arrangements. Where you require assistance which is not owing to any failure by us, our employees or sub-contractors we will not be liable for the costs of any alternative travel arrangements or other such assistance you require. Any supplier, 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 Booking 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 travel arrangements. Furthermore, we reserve the right to charge you a fee for our assistance in the event that the difficulty is caused intentionally by you or a member of your party, or otherwise through your or your party’s negligence.
We reserve the right to make changes to and correct errors in advertised prices at any time before your tour is confirmed. We will advise you of any error of which we are aware and of the then applicable price at the time of booking.
We reserve the right to amend the price of unsold holidays at any time and correct errors in the prices of confirmed holidays. We also reserve the right to increase the price of confirmed holidays solely to allow for increases which are a direct consequence of changes in:
(i) The price of the carriage of passengers resulting from the cost of fuel or other power sources;
(ii) The level of taxes or fees applicable to the holiday imposed by third parties not directly involved in the performance of the holiday, including tourist taxes, landing taxes or embarkation or disembarkation fees at ports and airports; and
(iii) The exchange rates relevant to the package;
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.
You will be charged for the amount of any increase in accordance with this clause. However, if this means that you have to pay an increase of more than 8% of the price of your confirmed holiday (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 changes and/or additional services or travel arrangements. Should you decide to cancel for this reason, you must exercise your right to do so within 7 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, then any refund due will be paid to you less an administrative fee of £75. 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 your confirmed holiday within 20 days of your departure nor will refunds be paid during this period.
10: CANCELLATION IN VIEW OF BEHAVIOUR
Clients agree to accept the authority and decisions of the Company's employees, tour leaders, representatives, and agents whilst on tour with the Company. If in the opinion of any such person(s) or any other person in a position of authority (such as, for example, an airline pilot, hotel manager, dive guide / dive instructor or dive centre manager), the health, level of fitness or conduct of a client at any time before or during a tour is endangering or appears likely to endanger the health or wellbeing of the client or any third party (including any other clients of the Company) or the safe, comfortable or happy progress of the tour, the client may be excluded from all or part of the tour without refund or recompense. Where a client is excluded, the Company will have no further responsibility towards them (including any return travel arrangements) and we will not meet any expenses or costs incurred as a result of the exclusion.
In the case of ill health, the Company may make such arrangements as it sees fit and recover the costs thereof from the client. If a client commits an illegal act (including, for example, causing any damage) the client may be excluded from the tour and the Company shall cease to have responsibility to/for them as above. No refund will be given for any unused services. When you book with us, you accept responsibility for any damage or loss caused by you or any member of your party. Full payment for any such damage or loss (reasonably estimated if not precisely known) must be made direct to the accommodation owner or manager or other supplier or to us as soon as possible. If the actual cost of the loss or damage exceeds the amount paid where estimated, you must pay the difference once known. If the actual cost is less than the amount paid, the difference will be refunded. You will also be responsible for meeting any claims subsequently made against us and all costs incurred by us (including our own and the other party's full legal costs) as a result of your actions. You should ensure you have appropriate travel insurance to protect you if this situation arises.
If you have any medical condition or disability which may affect your active participation in your tour or the tour arrangements of any other person or have any special requirements as a result of any medical condition or disability (including any which affect the booking process), please tell us before you confirm your booking so that we can assist you in considering the suitability of the proposed tour and/or making the booking. In any event, you must give us full details at the time of booking and whenever any change in the condition or disability occurs. You must also promptly advise us if any medical condition or disability which may affect your active participation in your tour or the tour arrangements of any other person develops after your booking has been confirmed.
11: INFORMATION CONTAINED IN MARKETING MATERIAL & WEBSITE
a) The Company's website contains statements representing its honest belief that the facts as shown are correct. Every reasonable effort has been made to describe fully, and as honestly as possible, the holidays offered and every reasonable attempt will be made to supply what has been described.
b) The Company reserves the right to make changes to the information, prices and itineraries set out on the website prior to confirming a customer's booking.
The airlines and types of aircraft which are likely to be used on holidays booked by the company vary. The arrangements are not always definite at the time of booking and we cannot give you any firm information about the airline or the type of aircraft on which you will travel. Meals are also not always included in the cost of a holiday and the company cannot be held responsible if a meal is not provided on any flight.
Flight times quoted are estimates only. Subject to clause 5 "Modification by the Company", we cannot accept any liability for any change, cancellation or delay in your transportation from or to the UK or during your tour whether any change, cancellation or delay is caused by adverse weather conditions, rescheduling by a transport supplier, airline or airport authority, action by air traffic controllers, mechanical breakdown, industrial action or any other event or circumstance outside our control. Where long flight delays result in lost tour time, no refunds are given by hotels or suppliers. Similarly, except where the Denied Boarding Regulations apply, airlines do not offer compensation for flight delays. It is in recognition of the above that the Company's travel insurance policy offers some monetary compensation for flight delays (usually for a delay of over 12 hours) to cover lost tour time or delayed return (not applicable to flights within a tour itinerary). However, at their discretion your carrier will endeavour to reduce the inconvenience of any delay by providing meals and accommodation, as appropriate for the time of day or night (dependent on local availability), if you are delayed for more than 12 hours. If you incur payments for such services in the event of a delay, the Company will not accept responsibility for payment unless we have given our prior consent.
If your flight is cancelled or delayed, your flight ticket is downgraded or boarding is denied by your airline, depending on the circumstances, the airline may be required to pay you compensation, refund the cost of your flight and/or provide you with accommodation and/or refreshments under EC Regulation No 261/2004 - the Denied Boarding Regulations 2004. Where applicable, you must pursue the airline for the compensation or other payment due to you. All sums you receive or are entitled to receive from the airline concerned by virtue of these Regulations represent the full amount of your entitlement to compensation or any other payment arising from such cancellation, delay, downgrading or denied boarding. This includes any disappointment, distress, inconvenience or effect on any other arrangements. The fact a delay may entitle you to cancel your flight does not automatically entitle you to cancel any other arrangements even where those arrangements have been made in conjunction with your flight. We have no liability to make any payment to you in relation to the Denied Boarding Regulations or in respect of any flight cancellation or delay, downgrading of any flight ticket or denial of any boarding as the full amount of your entitlement to any compensation or other payment (as dealt with above) is covered by the airline's obligations under the Denied Boarding Regulations. If, for any reason, we make any payment to you or a third party which the airline is responsible for in accordance with the Denied Boarding Regulations, you must, when requested, assign to us the rights you have or had to claim the payment in question from the airline. If your airline does not comply with these rules, you should complain to the CAA at www.caa.co.uk.
We and our representatives may provide you with information (before departure and / or when you are on holiday) about optional activities and excursions which do not form part of your pre-booked holiday arrangements and which are available in the area you are visiting. We have no involvement in any such activities or excursions which are not run, supervised, controlled or endorsed in any way by us. We have no knowledge as to whether such activities or excursions and their operators comply with local legal requirements or have any insurance. Some activities / excursions involve the risk of personal injury. They are provided by local operators or other providers who are entirely independent of us. They do not form any part of your contract with us even where we suggest particular operators / providers and / or assist you in booking such activities or excursions in any way. Where a tour leader collects payment for or otherwise assists in booking any such activity or excursion for you, we and the tour leader act solely as booking agent for the local operator / provider of the activity or excursion with whom you will have a contract. The local operator / provider’s terms and conditions will apply. We cannot accept any liability on any basis in relation to such activities or excursions and the acceptance of liability contained in clause 7(1) of our booking conditions will not apply to them. We do not, however, exclude liability for the negligence of ourselves or our employees resulting in your death or personal injury.
We do not guarantee that any optional activity or excursion mentioned on our website or elsewhere will be available to book during your holiday and / or will operate as advertised as these services do not form part of our contract and are not under our control. They may not be available for various reasons. Any prices given in advance are indicative only. We will not be liable if you cannot, for whatever reason, book any such activity or excursion or if the activity or excursion does not operate as advertised.
14: CUSTOMER COMPLAINTS
Should the client have a complaint about any of their tour arrangements, the client must tell both the relevant supplier and the Company's representative at the time. It is only if the Company and the relevant supplier know about problems that there will be the opportunity to put things right. Failure to complain on the spot may result in the client's ability to claim compensation, if applicable, from the Company being extinguished or at least reduced. If the client's complaint cannot be resolved on tour they should notify the Company in writing within 28 days of their return from the tour.
15: PASSPORTS / VISAS / VACCINATIONS
Clients are responsible for arranging, and must be in possession of, a valid, acceptable passport and any visas and vaccination certificates required for the whole of their journey and tour. Information about these matters or related items (climate, clothing, baggage, personal gear, etc.) is given in good faith but without responsibility on the part of the Company. We regret we cannot accept any liability if you are refused entry onto any transport or into any country due to failure on your part to carry all required documentation. If failure to have any necessary travel or other documents results in fines, surcharges or other financial penalty being imposed on us, you will be responsible for reimbursing us accordingly.
Travel Insurance is mandatory for all clients whilst on a tour organised by the Company. Clients are wholly responsible for arranging their own insurance. Regaldive acts as an Introducer of Dive Master Insurance Products. Details of your insurance policy will be required for our records. Clients not taking Dive Master Insurance are responsible for ensuring that they have alternative personal travel insurance with protection for the full duration of the holiday with adequate and appropriate cover. Clients should ensure that there are no exclusion clauses limiting or excluding protection for the type of activities included in their holiday. Clients should satisfy themselves that all travel insurance purchased meets their particular requirements and should arrange supplementary insurance if need be. Clients together with their personal property including baggage are at all times solely at their own risk.
17: YOUR DIVE QUALIFICATION, DIVE EXPERIENCE AND YOUR DIVING LOG BOOK
Some destinations or liveaboard itineraries require a minimum level of qualification and / or diving experience. These requirements are indicated on the Regaldive website. It is your responsibility to ensure that your diving experience and / or qualification meets these requirements. If on arrival in resort you are deemed not to have the level of experience and / or qualification required for the trip booked, you will not be able to participate in the diving activities advertised. If this is the case, Regaldive or any of Regaldive's suppliers will not have any liability for any missed diving or costs paid for the holiday. Your logbook is the only true representation of your diving experience (i.e. number of dives completed).
18: CALL RECORDING
Please note that all calls to Regaldive are recorded for training and monitoring purposes.
19: FINANCIAL SECURITY
We hold an Air Travel Organiser’s License issued by the Civil Aviation Authority of CAA House, 45-59 Kingsway, London WC2B 6TE (ATOL number 2990). When you buy an ATOL protected flight or flight inclusive holiday* from us, you will receive an ATOL Certificate. This lists the flight, accommodation, car hire and/or other services that are 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 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, 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.
* The flights and flight- inclusive holidays we arrange are ATOL protected providing they are made available in the UK. For further information visit the ATOL website at www.atol.org.uk.
20: TRAVEL SAFETY
We strongly recommend that you check your government's travel advice for up-to-date information regarding safety and security, entry requirements, health, local laws and customs, for the country you are planning to visit. We suggest signing up to your government’s travel alert service. For the UK, the FCO alert service can be found here: www.gov.uk/foreign-travel-advice/email-signup.