TERMS AND CONDITIONS

Who are we

My name is Josef Litt, and I am a sole trader whose trading address is 21 Regents Riverside, Brigham Rd, Reading, RG1 8QS, Reading, United Kingdom. My support team and I (“we”, “us”, “our”) work with local operators and boat owners to guide fellow travellers on diving, sailing, whisky tasting and photography trips. We add value by sharing our travel experience, local knowledge and photography skills. We are not creating or reselling packaged holidays. We are not a member of ATOL insurance in the United Kingdom or any other travel trade or insurance body.

Who are you

Because we do not act as a travel agent or an operator, we expect you to make travel arrangements and travel to the gathering place (typically the airport closest to the location of boarding a boat or the place of accommodation). We are happy to provide recommendations for the travel.

We expect you to participate comfortably in the activities on the trip, such as diving, sailing, hiking, and photography, take full responsibility for yourself, and solve issues proactively by involving the service providers with our assistance.

The trips might often involve a high level of uncertainty. For example, sailing on private yachts is subject to many external influences affecting the experience. We expect you to understand the circumstances and act flexibly to contribute to the best possible experience for you and all participants.

Booking Conditions

Please note that third-party local providers provide most of the services on your trip. They will therefore define the Terms and Conditions of the particular trip. We will make every effort to inform you of the applicable terms and conditions. The following Booking Conditions form the default rules that apply if not overridden by the Terms and Conditions of the particular trip.

The following Booking Conditions, together with the Travel Information contained in our information sheets and on our website, our privacy policy and any other written information we brought to your attention before we confirmed your booking form the basis of your contract with us.

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

By making a booking, the first named person (the “Lead Name”) on the booking agrees on behalf of all persons detailed on the booking that:

he/she has read these Booking Conditions and has the authority to and does agree to be bound by them;
he/she consents to our use of information in accordance with our Privacy Policy;
he/she is over 18 years of age and, when placing an order for services with age restrictions, declares that he/she and all members of the party are of the appropriate age to purchase those services;
he/she accepts financial responsibility for payment of the booking on behalf of all persons detailed on the booking.
he/she is to bring the T&Cs to the attention of all individuals on the booking and to confirm that said individuals agree to the T&Cs

These Booking Conditions only apply to trip arrangements you book with and which we agree to make, provide or perform (as applicable) as part of our contract with you.

1. Making Your Booking

Once we have received your booking and all appropriate payments (as per clause 3), we will, subject to availability, confirm your trip by issuing a confirmation invoice. We reserve the right to return your deposit and decline to issue a confirmation invoice at our absolute discretion. This invoice will be sent to the party leader. Please check this invoice carefully as soon as you receive it. Contact us immediately if any information which appears on the confirmation or any other document appears to be incorrect or incomplete, as it may not be possible to make changes later. We regret we cannot accept any liability if we are not notified of any inaccuracy in any document within 14 days of our sending it out. We will do our best to rectify any mistake notified to us outside these time limits, but you must meet any costs involved in doing so. Please Note: you are advised to submit your details very carefully as it may not be possible to make any further changes without additional charges being incurred, after the booking has been made.

The only exception to this requirement to meet costs is where we made the mistake in question, and there is a good reason why you did not tell us about it within these time limits. If you wish to, you may contact us by e-mail or for any of the reasons mentioned in these booking conditions (for example, to request an amendment) providing you do so to on our email address.

2. Your contract

A binding contract between us comes into existence when we despatch our confirmation invoice to the party leader or your travel agent. Changes to these Booking Conditions or the General Information shown in our brochure or on our website will only be valid if agreed by us.

3. Payment

To confirm your chosen trip, we require a deposit. The deposit varies, and we will advise you of both the required deposit and the dates for payment for the remainder of your balance at the time of booking. We are not sending reminders.

Suppose we do not receive this balance in full and on time. In that case, we reserve the right to treat your booking as cancelled by you, in which case the cancellation charges set out in clause 10 below will become payable.

4. Accuracy

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

5. Special Requests

If you have any special request, you must advise us in writing at the time of booking. Although we will endeavour to pass any reasonable requests on to the relevant supplier, we regret that we cannot guarantee that any request will be met unless we have specifically confirmed this. Confirmation that a special request has been noted or passed on to the supplier or the inclusion of the special request on your confirmation invoice or any other documentation is not confirmation that the request will be met. Failure to meet any special request will not be a breach of contract on our part unless we have specifically confirmed the request. We do not accept bookings that are conditional upon any special request being met.

6. Pricing

We usually quote the price of your travel Arrangements in the currency used by our suppliers.

We reserve the right to amend the price of unsold places on a trip at any time and correct errors in the prices of confirmed trips. We also reserve the right to increase the price of confirmed trips solely to allow for increases which are a direct consequence of changes in:

the price of the carriage of passengers, resulting from the cost of fuel or other power sources;
the level of taxes or fees applicable to the trip imposed by third parties not directly involved in the performance of the trip, including tourist taxes, landing taxes or embarkation or disembarkation fees at ports and airports; and
the exchange rates relevant to the package.

You will be charged for the amount of any increase in accordance with this clause.

7. Insurance

We consider adequate travel insurance to be essential and a condition of your booking. It remains your sole responsibility at all times to ensure that you are adequately insured for your particular needs and the type of trip you have booked. You must ensure that your policy has an endorsement adequate for the type of scuba diving you are undertaking as part of your trip. Please read your policy details carefully and take them with you on trip.

You are responsible for indemnifying us in full in the event that we incur any losses or expenses arising out of your failure to take out adequate insurance cover.

8. Cutting your trip short

If you are forced to return home early, we cannot refund the cost of any travel arrangements you have not used. Although we care about the standard of accommodation and services provided, we cannot guarantee and take no responsibility for them. Suppose you cut short your trip and return home early. In that case, we will not offer you any refund for that part of your trip not completed or be liable for any associated costs you may incur. Depending on the circumstances, your travel insurance may offer cover for curtailment, and we suggest that any claim is made directly with them.

9. Changes or transferring your booking

Should you wish to make any changes to your confirmed trip, you must notify us in writing as soon as possible. The first named person should do this on the booking. Whilst we will endeavour to assist, we cannot guarantee we will be able to meet any such requests. Where we can, an amendment fee of £20 per person/per booking will be payable together with any costs incurred by ourselves and any costs or charges incurred or imposed by any of our suppliers. You should be aware that these costs could increase the closer to the departure date that changes are made, and you should contact us as soon as possible. Please note that some changes requested less than 90 days before departure may be treated as cancelling your original booking. If we are unable to assist you and you do not wish to proceed with the original booking, we will treat this as a cancellation by you. A cancellation fee may be payable in accordance with clauses 10 and 11.

Transfer of Booking:

If any member of your party is prevented from travelling, that person(s) may transfer their place to someone else, subject to the following conditions:

that person is introduced by you and satisfies all the conditions applicable to the Arrangements;
we are notified not less than 7 days before departure;
you pay any outstanding balance payment, an administration fee of £20 per person transferring as well as any additional fees, charges or other costs arising from the transfer; and – the transferee agrees to these booking conditions and all other requirements applicable to the trip booking.
You and the transferee remain jointly and severally liable for payment of all sums.

If you are unable to find a replacement, cancellation charges as set out will apply in order to cover our estimated costs. Otherwise, no refunds will be given for passengers not travelling or for unused services.

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

10. If you cancel your booking before departure

Should you or any member of your party need to cancel your chosen trip once it has been confirmed, the party leader must immediately advise us in writing. Your notice of cancellation will only be effective when it is received in writing by us at our offices.

In order to secure your trip, we will pay suppliers of accommodation, diving packages, and transfers in advance of your travel. In processing your trip booking, we also incur administration costs. Deposits, interim payments and final balances are non-refundable as they represent these costs in delivering your planned trip, paid by us in good faith of your intent to travel. Suppose our suppliers are unable to re-fill these places, in particular at short notice after your balance is due. In that case, their charges to us will typically be 100% loss.

On the rare occasion, we are able to resell your trip, we may be able to make a partial refund of payments lost at cancellation. This would be minus any costs incurred, administration fees and take into account any discounts that had to be offered to re-fill your trip place.

Some suppliers have conditions requiring the payment of higher or different charges, including the imposition of 100% cancellation charges well before the normal balance due date. You will be advised at the time of booking if this is the case for your tour, and special cancellation terms will be included with your confirmation invoice.

Depending on the reason for cancellation, you may be able to reclaim these cancellation charges (less any applicable excess) under the terms of your insurance policy. Claims must be made directly to the insurance company concerned.

Where any cancellation reduces the number of full-paying party members below the number on which the price, number of free places and/ or any concessions agreed for your booking were based, we will recalculate these items and re-invoice you accordingly.

Please note that no refunds can be given until we receive back from you all the travel documents we have sent to you (where these have been issued.)

Should one or more members of a party cancel, it may increase the per-person trip price of those still travelling and you will be liable to pay this increase.

11. If you cancel due to Unavoidable and Extraordinary Circumstances

You have the right to request cancellation of your confirmed trip before departure in the event of “unavoidable and extraordinary circumstances” occurring at your trip destination or its immediate vicinity and significantly affecting the performance of the trip or which significantly affects transport arrangements to the destination. In these circumstances, we will request a full refund of the monies from the service providers and, if refunded, we will return the money to you. Please note that your right to cancel in these circumstances will only apply where the Foreign Commonwealth and Development Office advises against travel to your destination or its immediate vicinity.

For the purposes of this clause, “unavoidable and extraordinary circumstances” means 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 to the travel destination.

12. If we change or cancel your trip

We start planning the trips we offer many months in advance. Occasionally, we have to make changes to, and correct errors in information sheets, website and other details before and after bookings have been confirmed and cancel confirmed bookings. Whilst we always endeavour to avoid changes and cancellations, we must reserve the right to do so.

We may occasionally have to make changes or cancel your booking, and we reserve the right to do so at any time.

Changes: If we make an insignificant change to your trip, we will make reasonable efforts to inform you or your travel agent as soon as reasonably possible if there is time before your departure, but we will have no liability to you. Examples of insignificant changes include change of accommodation to another of the same or higher standard, changes of carriers, and changes in any published, on-board experts or speakers to attend the trip.

Please note: A change of sites visited on an itinerary due to local permissions, the captain, weather or diver safety, will not constitute a significant change when your original point of entry and/or exit remains unchanged.

Occasionally we may have to make a significant change (“Significant Change”) to your confirmed trip. Significant Changes include the following when made before departure:

A change of destination area or the locations in which a boat is to be based (unless that change of site is due to local permissions, the captain, weather or diver safety) for the whole or a significant part of your time away.
A change of accommodation to that of a lower standard or classification for the whole or a significant part of your time away.
A change of outward departure time or overall length of your arrangements of twelve or more hours.
A significant change to your itinerary, missing one or more destinations entirely. Unless due to permissions or changes in local laws or restrictions).

Cancellation: We aim not cancel your trip less than 56 days before your departure date except for reasons of force majeure (see clause 13) or failure by you to pay the final balance. We may cancel your trip before this date if, e.g., the minimum number of clients required for a particular travel arrangement is not reached.

If we have to make a Significant Change or cancel, we will tell you (via e-mail and with a follow up telephone call, if you have not responded to our e-mail) as soon as possible. If there is time to do so before departure, we will offer you the choice of:

(for Significant Changes) accepting the changed arrangements; or
having a refund of all monies paid; or
accepting an offer of alternative travel arrangements of comparable or higher standard from us, if available (at no extra cost);
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.

13. Force Majeure

Except where otherwise expressly stated in these booking conditions, we regret we cannot accept liability or pay any compensation if our contractual obligations to you are affected by “unavoidable and extraordinary circumstances”, meaning 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, epidemics and pandemics (including the coronavirus pandemic (Covid-19) and any mutations or variations of Covid-19, 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.

14. Our Responsibility

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 person(s) affected; or
the acts and/or omissions of a third party unconnected with the provision of the services contracted for and which were unavoidable and extraordinary; or
Force Majeure (as defined in Clause 13)

We will not be responsible for any loss of and/or damage to any luggage or personal possessions and money. You are required to have adequate insurance in place to cover any losses of this kind. Where loss of and/or damage to any luggage or personal possessions and money is caused by the acts of an airline, you should raise a claim or complaint with that airline directly.

Please note we cannot accept any liability for any damage, loss or expense or other sum(s) of any description:

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
relate to any business.

We will not accept responsibility for services or facilities that do not form part of our agreement, for example, any excursion you book while away or any service or facility your hotel or any other supplier agrees to provide for you.

15. Your Responsibility

You are responsible for ensuring that you and everyone travelling with you have valid passports, appropriate visas, test results and vaccinations applicable to your trip. Your specific passport, visa and other immigration requirements are your responsibility. You should confirm these with the relevant Embassies and/or Consulates. We do not accept any responsibility if you cannot travel because you have not complied with any passport, visa or immigration requirements. Your specific health requirements, test results and applicable vaccinations are your responsibility. You should confirm these with the Foreign Commonwealth and Development Office and the relevant health authorities in your destination country.

You are responsible for ensuring that any existing medical conditions or disabilities which may require assistance are declared to us before you book your trip or, if newly diagnosed, before your due date of departure so that we can pass these details on to our suppliers in good time. We are not in any circumstances liable if any carrier refuses you or any member of your party as a passenger as a result of any medical condition or disability.

We cannot be held responsible for client(s) that do not have adequate travel insurance. Furthermore, we cannot be held responsible for costs arising due to the failure of obtaining such a policy.

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 must be paid directly at the time to the accommodation owner or manager or other suppliers. If you fail to do so, you will be responsible for meeting any claims subsequently made against us (together with our own and the other party’s full legal costs) as a result of your actions. We expect all clients to have consideration for other people. Suppose in our reasonable opinion or in the reasonable opinion of any other person in authority, you or any member of your party behaves in such a way as to cause or be likely to cause danger, upset or distress to any third party or damage to property. In that case, without prior notice, we are entitled to terminate the trip of the person(s) concerned. In this situation, the person(s) concerned will be required to leave the accommodation or other service. We will have no further responsibility toward such person(s), including any return travel arrangements. No refunds will be made, and we will not pay any expenses or costs incurred as a result of the termination.

16. Diving Requirements

You must dive strictly within the limits of and meeting the requirements of your current qualifications and experience and agency standards. You must not dive alone. In order to dive whilst on trip with us, you must hold a minimum qualification of a PADI Open Water Diver [or PADI Junior Open Water Diver] or equivalent from a recognised agency (as judged by the Company) except where you have booked a trip, one of the purposes of which is, to obtain that minimum qualification. Clients must submit evidence of their diving qualifications to the Dive Guide/Instructor at the dive centre or dive site and, if requested to the Company prior to departure before diving can commence. All clients participating in scuba diving must be in good health and not have any medical history of lung disorders, asthma, epilepsy, diabetes or recent surgery and agree to discontinue diving if respiratory congestion occurs during the trip. Suppose you have any medical condition contrary to these requirements. In that case, you must produce a diving medical certificate of fitness before diving. If you fail to produce evidence of satisfactory diving qualifications or medical certifications, we or the Dive Guide/Instructor will be entitled to prevent you from taking your trip and/or diving. In this case, neither we nor the Dive Guide/Instructor or another applicable dive supplier will have any liability to provide you with any refunds or compensation in respect of any diving you are unable to take part in as a result of you being prevented from travelling on your trip. Please note: Diving activities carry inherent risks. You must behave in a fit and proper manner at all times in accordance with all recognised diving practices and procedures and take proper responsibility for your own safety. Certain diving sites are far from a recompression chamber, either by distance or time or both. If you participate in such activities, you may be asked by the supplier to sign ‘liability releases & assumptions of risk’ and ‘medical disclaimer forms and/or provide a current medical and, in all cases, must adhere to the restrictions imposed by the diving supplier/ instructor. Copies of relevant forms are available, prior to departure, on request from ourselves or the dive supplier concerned.

17. If you have a complaint

Suppose you have any reason to complain or experience any problems with your trip whilst in a resort or on a boat. In that case, you must immediately inform our representative and the supplier of the service(s).

We cannot begin to resolve a problem or complaint until we know about it. However, once we know about it, we will assist you in resolving the issue with the supplier of the service(s).

18. Conditions of Suppliers

Almost all of the services that make up your trip are provided by independent suppliers. Those suppliers provide these services per their own terms and conditions. Some of these terms and conditions may limit or exclude the supplier’s liability to you, usually in accordance with applicable International Conventions. Copies of the relevant parts of these terms and conditions are available on request from ourselves or the supplier concerned.

19. Excursions, activities and other information

The information contained in our information sheets and on our website is correct to the best of our knowledge at the time of the sheets going to print/being published on our website.

We may provide you with information (in our information sheets, on our website and/or when you are on trip) about activities and excursions which are available in the area you are visiting. We have no involvement in any such activities or excursions which are neither run, supervised nor controlled in any way by us. They are provided by local operators or other third parties who are entirely independent of us. They do not form any part of your contract with us even where we suggest particular operators/other third parties and/or assist you in booking such activities or excursions in any way.

We cannot accept any liability on any basis in relation to such activities or excursions and the acceptance of liability contained in clause 14 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 cannot guarantee accuracy at all times of information given in relation to such activities or excursions or about the resorts/area you are visiting generally (except where this concerns the services which will form part of your contract) or that any particular excursion or activity which does not form part of our contract will take place as these services are not under our control.

20. Delays, Missed Transport Arrangements and other Travel Information

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

Under UK Law, you have rights in some circumstances to refunds and/or compensation from the airline in cases of denied boarding, cancellation or delay to flights. Full details of these rights will be publicised at UK airports and will also be available from airlines. If the airline does not comply with these rules you should complain to the Civil Aviation Authority . Reimbursement in such cases is the responsibility of the airline and will not entitle you to a refund of your trip price from us.

A delay or cancellation to your flight does not automatically entitle you to cancel any other arrangements even where those arrangements have been made in conjunction with your flight.

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

21. Safety standards

Please note, it is the requirements and standards of the country in which any services which make up your trip are provided which apply to those services and not those of the UK. As a general rule, these requirements and standards will not be the same as the UK and may sometimes be lower.

22. Jurisdiction and Applicable Law

These Booking Conditions and any agreement to which they apply are governed in all respects by English law. We both agree that any dispute, claim or other matter which arises between us out of or in connection with your contract or booking will be dealt with by the Courts of England and Wales only.

23. Data Protection

The protection of your personal information or data is extremely important to us. In order to respond to an enquiry, process and fulfil your booking or send you a brochure or other promotional material, we need to collect personal data from you. We will only process your personal data in accordance with our Privacy Policy for or in connection with the purpose for which you have provided it (for example, arranging your trip) or as you have consented to our using it (for example, to send you marketing material) or as permitted by data protection laws.

Please read our Privacy Policy for full details. You and your personal data will be protected by the EU General Data Protection Regulation as retained in the UK by the Data Protection, Privacy and Electronic Communications (Amendments etc)(EU Exit) Regulations 2020 (which is otherwise known as UK GDPR) and the Data Protection Act 2018.

You may ask us what personal data of yours is being held or processed, for what purpose and to whom it may be or has been disclosed. You may also withdraw your consent to receiving marketing material or other communications from us at any time by unsubscribing to our e-mails or otherwise contacting us. Please also let us know if you believe the personal data we are holding is inaccurate, out of date or incomplete. If you have any questions about this you may contact us by e-mail or on this website.

THESE TERMS AND CONDITIONS WERE UPDATED MARCH 2023