1. Booking Your
Holiday and Subsequent Payment
Once you have chosen your holiday/travel solution, you can make a reservation/booking. Cyprus Diving will collect payment in line with our booking conditions which do vary. If traveling in less than 8 weeks the full amount will be collected. Otherwise a deposit of 20% in line with our booking conditions will be collected and the balance will be due by the date shown on your booking confirmation. We will confirm your chosen arrangements and acknowledge your payment by sending you a confirmation of your booking by email to the address you supply. Please check this confirmation together with all other documents sent to you to ensure they match the original booking. If you have any queries, contact our customer services team immediately.
1.1 Availability
Some products require us to make a re-confirmation with our supplier once your reservation\booking has been placed. In the event of the product has become unavailable your card will not be charged. Should the price of the product change between your reservation being placed and booking confirmed you will be contacted within one working day with an alternative product or to confirm your refund. Although very rare, due to some supplier’s data being several hours out of date it is possible the product may have sold out or the price changed.
2. Your Contract
A binding contract between you (the consumer) and us (Cyprus Diving) will come into existence when we accept your offer for us to provide holiday/travel solutions. These booking conditions form the basis of that contract. These conditions may not be varied by you or us (unless we are updating our booking conditions from time to time). Your contract is governed by English law and is subject to the jurisdiction of the Courts of England and Wales only.
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3. Prices
The prices in this website are calculated on the basis of known costs as at the costing date and the exchange rates at any particular time. We endevour to keep our prices up to date and correct. However, we must reserve the right to increase/change the price at any time before your chosen arrangements are confirmed. You will be given the correct price at the time of booking. Once your booking has been confirmed, we will only issue surcharge in exceptional circumstances such as a result of government action, adverse exchange rate fluctuation or fuel prices increase which would result in increased costs to Cyprus Diving. Even in this case, we will absorb an amount equivalent to 2% of the price of your chosen holiday excluding insurance premiums and any amendment charges. Only amounts in excess of this 2% will be surcharged. If a surcharge is applied and you are required to pay more than 10% of the holiday/travel solution value, you will be entitled to cancel your holiday with a full refund except for any insurance premiums and amendment charges. Should you decide to cancel because of this, you must exercise your right to do so within 3 working days of the issue date printed on the invoice. No surcharges will be levied less than 28 days before departure.
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4. Amendment by You
If you require to make any changes to your booking after it has been confirmed, please advise us as soon as possible in writing or by email to info@cyprusdiving.net. We will endeavor to assist although we cannot guarantee that all requests for amendment can be met. Where an amendment is possible, a fee of £20 per person affected will be charged together with any costs or charges incurred by us or levied by our partners/suppliers. An amendment constitutes a change to the existing booking. A request to transfer to another holiday or to other arrangements will be treated as a cancellation incurring the cancellation fees set out in clause 5 unless we can do this at no cost to ourselves when only the administration fee will be charged. Where you or a member of your party is prevented from traveling (e.g. as a result of personal illness/injury, the serious illness or injury of a close family relative, jury service or unavoidable work commitments) the person concerned may cancel their booking upon us receiving reasonable evidence for the cancellation and evidence they have contacted their travel insurance company. Cancellation fees in accordance with Clause 5 will apply. We advise you to take out reasonable insurance to cover you for such risks.
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5. Cancellation by You
Subject to you incurring the following fees you may cancel your holiday in writing. Notice of cancellation should be sent to us by Recorded Delivery to the address shown on our letterhead. No refunds can be made for any part or parts of any holiday, tour, excursions or other arrangements cancelled on or after your scheduled departure date or not utilised by you. The period before departure within which written notification of cancellation is received by us and the applicable fees:
More than 56 days - a sum equal to deposit paid
55 days to 7 days 90% of total cost
7 days or less 100% of total cost
Total cost means the total cost of the cancelled arrangements excluding insurance premiums and any amendment charges which are non refundable in the event of your cancellation. Depending on the reason for your cancellation, you may be able to claim a refund of the above fees from your travel insurance company. However, if a valid reason is given we will endeavor to reduce the loss to you to the cost incurred by us, minus a £20 amendment fee. See clause 4 for valid reasons. Cyprus Diving will refund any money we are available to claim back from our suppliers for deposits paid.
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6. Changes by Us
We reserve the right to make changes to your booked arrangements and our advertising material at any time both before and after bookings have been confirmed. Most changes will be minor ones. Occasionally, it is necessary to make a significant change. A significant change is one made before departure involving a change of location in the pick up or delivery of the Hire car. In the case of diving tours (courses & daily diving) a significant change would be a change of diving centre or deletion of a major part of the itinerary, where we have arranged your holiday for a specific purpose. Diving may not be possible due to weather conditions for which we have no control. In this event Cyprus Diving will review each case and where possible offer credit for each lost days diving.
All other changes are treated as minor changes. Where known, minor changes will be shown on your final itinerary which will be sent to you with your travel documents approximately two weeks before departure. In the event of a significant change, we will advise you as soon as possible and give you the choice of: - (a) accepting the changed arrangements as notified to you; or (b) purchasing different arrangements from us, of at least the same standard if available (with you paying or receiving a refund in respect of a price difference); or (c) canceling your arrangements and receiving a refund of all monies paid to us less any supplier costs incurred.
Cyprus Diving will make any amendments for no administration charge. If we have to make a significant change within 56 days of departure we will compensate you as shown below (providing we have received full payment from you) except where the change is made as a result of unusual and unforeseeable circumstances beyond our control, the consequences of which we could not have avoided even with all due care. Such circumstances may include those amounting to "force majeure" as set out in clause 9 below. Compensation is not payable in the case of minor changes. Furthermore minor changes do not entitle you to cancel or change to another holiday without paying our normal charges. In all cases, our liability is limited to the payments set out in the scale below and we cannot be responsible for any costs or expenses you may incur as a result of any change.
Period before scheduled departure date within which a significant change is notified to you, and compensation per person.
More than 56 days - Nil,
56 to 43 days - £20.00,
42 to 29 days - £25.00,
28 to 15 days - £30.00,
14 days or less - £35.00
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7. Changes after Departure
After departure, our local agent has the right to make any changes to arrangements which they/we consider to be necessary or appropriate in the interests of the safety of any of our clients, employees or suppliers or to be beneficial to the operation of the arrangements or desirable to overcome weather, transportation or other problems beyond our immediate control or that of our suppliers, or if changes are required at any time by government agencies or organisations or other official bodies.
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8. Cancellation by Us
We reserve the right where necessary to cancel previously confirmed arrangements. Where your arrangements are cancelled other than due to your default in payment, we will offer you the choice of either purchasing alternative arrangements from us, of at least the same standard if available (with you paying or receiving a refund in respect of any price difference) or receiving a full and immediate refund of all monies paid to us. Except where you fail to make payment in full and on time, we will not cancel less than eight weeks before departure unless we are forced to do so as a result of "force majeure" as defined in clause 9 below. We regret no compensation will be payable if we cancel eight weeks (56 days) or more before departure for any reason or less than eight weeks before departure as a result of unusual and unforeseeable circumstances beyond our control, the consequences of which could not have been avoided even with all due care. Very rarely, we may be forced to curtail your arrangements after the date of departure where circumstances amounting to "force majeure" as defined in clause 9 below occur. In this very unusual situation, we regret we cannot make any refunds (except where these are obtained from the relevant supplier(s)), pay any compensation or be responsible for any costs or expenses you may incur as a result.
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9. Force Majeure
We regret we cannot accept liability and no compensation will be payable if the performance or prompt performance of our contractual obligations is prevented or affected by circumstances amounting to "force majeure". Circumstances amounting to "force majeure" include any event which we or the supplier of the service(s) in question could not, even with all due care, foresee or avoid such as war or threat of war, civil strife, industrial dispute, natural or nuclear disaster, adverse weather conditions, fire, terrorist activity, governmental action and all similar circumstances beyond our control.
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10. Liability
10.1 Quality -
We do not own, control or operate any airline, hotel, coaches, cars, trains or other services which form part of your holiday arrangements. We do accept responsibility for the acts and/or omissions of our employees (providing they were set out at the time as per holiday arrangements for our travel itineraries). We will accept responsibility and pay compensation if the services which form part of your holiday are not provided, except where they lead to death, injury or illness which is dealt with in clause 10.2 below. Except where loss and/or damage to luggage or possessions is concerned (see clause 10.3 or as otherwise provided in these booking conditions, our liability is however limited to twice the value of the arrangements booked with us (excluding insurance premiums and amendment charges) of the person(s) affected in total. This clause is subject to clause 9 "Force majeure" and clause 10.4 "Higher risk activities".
10.2 Death and Personal Injury -
We accept responsibility should you or any member of your party suffer death, personal injury or illness as a result of any failure to perform or improper performance of any part of our contract with you by any of our employees, agents, suppliers or sub-contractors (providing they were at the time performing duties authorized by us) except where the failure to perform or improper performance was due to:- (I) your own acts and/or omissions; or (ii) those of a third party not connected with the provision of your holiday arrangements and which were unforeseeable or unavoidable; or (iii) an event which either ourselves or the supplier of the service(s) in question could not have foreseen or forestalled even with all due care. It is a condition of this acceptance of liability that you fully comply with clause 11 below. Where any payment is made, you must assign, to us, or our insurers, any rights you may have to pursue any third party. You must further co-operate with us and our insurers. This clause is subject to clause 10.5 "Higher risk activities".
10.3 Luggage and personal possessions -
Luggage and personal possessions are at all times your sole responsibility. You must ensure you have adequate insurance cover to protect them.
10.4 Higher risk activities -
Certain activities (e.g. trekking, diving, rafting etc) are of their very nature dangerous and carry a greater risk of personal injury and death. Such risks are compounded by the fact you may be participating in these activities in remote areas where even limited medical assistance may be some considerable distance and time away. It is your responsibility to ensure you and all members of your party are medically fit to engage in any particular activity. Certain activities (e.g. diving) have particular medical, training or other requirements. It is your responsibility to ensure you are familiar and comply with those requirements. In making a booking, you acknowledge and accept the risks inevitably associated with higher risk activities and that we cannot accept responsibility if any such risks materialise and you suffer death, personal injury, loss or damage as a result. If you are in any doubt as to possible risks, you should consult our staff before booking. You must ensure that any insurance policy you take out covers you in relation to higher risk activities.
10.5 Special events, visits, exhibition, excursions and facilities -
All special events, visits, exhibitions, excursions and facilities referred to in any of our advertising material are shown in good faith and will, to the best of our belief be available. However, we do not control or arrange such matters. Where any special event, visit, exhibition or facility which forms a significant part of your confirmed holiday arrangements become unavailable, cannot be provided or is not to take place for any reason, we will advise you before departure if possible. The provisions of clause 6 will then apply. Unfortunately, we may be unaware of such non availability prior to departure or may be unable to inform you of this prior to departure. In this event, the rest of the holiday arrangements will be provided as booked and we will refund the direct cost of the event etc in question (together with the cost of any local transportation where applicable). Our liability in this situation will be limited to such refunds.
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11. Complaints/claims
If you are unhappy about any aspect of your arrangements, you must inform the supplier of the service concerned immediately. You must make every effort to bring problems to the attention of ourselves and the supplier so that they can be resolved during your holiday and to mitigate any losses, expenses or costs you incur. Once we and the supplier concerned are aware of the problem, everything reasonably possible will be done to quickly resolve your issue. If you remain dissatisfied, you must write to us giving full details of your complaint within 14 days of your return from our holiday. We regret we cannot accept liability in relation to any complaint which is not notified entirely in accordance with this clause.
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12. Delays
Delays in transportation (e.g. hire car) can sometimes occur. We regret we cannot accept any liability in relation to any delays which are beyond our control or any expenses or losses you incur as a result. Depending upon terms of the insurance policy you have taken out, you may be able to seek reimbursement of any such expenses or losses together with compensation for the delay from the insurance company.
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13. Conditions of Suppliers
13.1 Cyprus Diving acts solely as a car hire broker for various independent vehicle rental companies within Cyprus. Clients should note that the contract for vehicle hire is between the hirer and the local car hire company and is subject to the law of the country in which it is supplied to you and for this reason you will be required to sign a rental contract with the rental company which supplies the vehicle. Cyprus Diving accepts no responsibility whatsoever for loss, damage, injury or death, whether arising from negligence, breach of contract or any other cause (other than imposed by English law).
13.2 In respect of all services, the Terms and Conditions of the individual supplier concerned (e.g. car hirer, travel agent or other provider) will apply and will take precedence over our Terms and Conditions in the case of conflict. Such Terms and Conditions will often limit the supplier's liability to you usually in accordance with applicable international conventions. Copies of these Terms and Conditions are available from our reservations team or the suppliers concerned direct.
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14. Pre-Departure Contact
It is essential to ensure you provide us with a telephone number or address where you can be reached up to 24 hours prior to your departure in the event of late changes or other problems.
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15. Special Requests
15.1 If you have any special requests, please ensure you notify us in writing at the time of booking. We will endeavor to pass such requests on to the supplier(s) concerned. We regret however that we cannot guarantee special requests will be met and failure to do so will not be a breach of contract on our part.
15.2 Your car can be delivered to airport if flying to N Cyprus (Ercan), or if preferred to your accommodation.
If flying to Larnaca in the south our hirers can arrange a taxi transfer at an additional cost to your accommodation. Depending on your time of arrival, it may not be necessary for you to book the hire car for this day but arrangements can be made to deliver the car to the hotel the following day.
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16. Insurance
It is a condition of our accepting your booking that you take out adequate travel and diving insurance for the whole period of your holiday. Our website contains a link to an insurer to purchase adequate insurance. Divers must be fully insured up to the maximum depth they wish to dive to. We shall require proof of adequate insurance from you at least 15 days prior to your departure. We do not accept liability for any losses suffered by yourself or your party as a result of your being uninsured or under-insured.
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17. Passport, Visa and Health
Requirements
It is your responsibility to ensure that all members of your party have all necessary passports, visas and health/vaccination certificates for your holiday prior to departure. We cannot accept any responsibility if you are denied entry into any country or onto any flight due to inadequate travel documentation. Furthermore Divers must possess and produce upon request evidence of diving qualifications as appropriate. Any costs or expenses incurred as a result will be your responsibility. Details of the current passport, visa and health requirements for the holidays featured in our advertising material. Such requirements do change from time to time and you should check the up to date position in good time before departure.
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18. Behavior
We, the Tour Organiser/Travel Agent and any other person in authority (e.g. airline pilot or accommodation manager) has the right to terminate the holiday arrangements of any person whose behavior, in our opinion or that of the person in authority, does or is likely to cause danger, distress or annoyance to any of our other clients, employees or any third party or to cause damage to property. In this event, our responsibility for the person concerned (including any continuing/return travel arrangements) will immediately cease and we will not be liable to meet any expenses or costs incurred as a result, make any refund or pay any compensation.
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19. Links to third party sites
This Web site contains hyperlinks to Web sites operated by third parties. Such hyperlinks are provided for your assistance and we have done our best to ensure the accuracy of their contents but we do not control said contents and are not responsible for their contents. Our inclusion of hyperlinks to such Web sites does not imply any further liability on our part other than specifically stated in these Terms and conditions.
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20. About
“Cyprus Diving” is the Trading name of Cyprus Diving Limited (
Co.
Reg. No.06976094) whose Registered Office is
situate at 266-268 High Street, Waltham Cross, Hertfordshire EN8 7EA.
We arrange diving courses and diving packages and act as agents
for several diving schools in
Northern Cyprus
.
We also act as agents for car hire companies. Our invoice will state the name
of the diving school; dive centre and/or car hire company as applicable.
Our website recommends a travel agent for flights and
accommodation. This travel agent is a
member of ABTA and ATOL. Flights and
accommodation arranged by this travel agent will be invoiced direct to you. There may be circumstances where we book
flights and accommodation through this agent on your behalf. These bookings will also be invoiced by the
travel agent direct to you.
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