1.
The Contract
The following booking conditions and information
forms the basis of your contract with Lacadives
(“the Company”) of E20, Everest Building,
Tardeo, Mumbai – 400 034 and Niran Arcade,
563 & 564, New BEL Road, Sanjaynagar, Bangalore
– 560094. Your contract will be with the Company.
Your contract with the Company is effected once
the specified deposit has been paid by you and the
Company has signified, in writing, its acceptance
of the booking and has sent you a written confirmation
by email.
These terms and conditions read along with the terms
on the booking form will constitute the entire terms
of the contract between the Company and you (the
person making the booking (the lead client)), who
will be deemed to agree to the terms of this contract
for and on behalf of all other persons named on
booking form or using the services contracted for
by you. For the purposes of this contract the lead
client will be deemed to have the authority to represent
all the clients and person named on the booking
form or using the services booked therein and all
instructions, alterations, acceptances and other
directions given by such Lead Client shall be deemed
to have been given on behalf of all the others stated
herein. If you have any special requests outside
the services offered, the Company will endeavor
to assist but is not obliged to do so. These must
be notified to the company in writing along with
the request for a booking or before the confirmation
of the booking by the Company. . After the Company
has confirmed the booking, any and all instructions
for changes or alterations will be subject to a
charge as detailed below. All such additional costs
of a special request must be borne by you as per
the terms stated herein 2.
Holiday Descriptions
The information about the tours featured in our
marketing materials are given in good faith and
believed to be accurate at the time of publication.
However, it may also prove necessary for the Company
to vary or modify a tour itinerary or its contents
due to local prevailing conditions. You agree
to such necessary variations or modifications
being made and also agree to be bound by the decision
of the tour leader or representative appointed
by the Company. In such circumstances the Company
reserves the right to substitute alternative arrangements.
3. BOOKING
You need to contact us 8 weeks in advance of the
date of your tour for bookings.
You are required to send in the booking request
with all details as required.
We will confirm your booking subject to you and
all the persons accompanying you meeting all stated
requirements, availability of accommodation and
facilities and receipt of 25% payments as described
below 8 weeks in advance of your tour start date.
The balance payment will be payable 4 weeks prior
to departure date failing on which will result
in a cancellation of the booking and forfeiture
of the deposit paid. Requests for booking not
received within the timelines mentioned herein
will be subject to availability and upon receipt
of full charges in advance.
4. Cancellations
If you wish to cancel your holiday, written notification
must be given to the Company by the Lead Client.
The date of cancellation will be the date the
Company receives this written notice. In the event
of cancellation by you, the following cancellation
charges will be payable:
• 60-31 days prior to departure: 25% of
tour price forfeited
• 30 days – 2 week prior to departure:
30% of tour price
• Within 1 week of departure : 50% of tour
price
5. Alterations by you
It is vitally important that your requirements
be clearly stated at the time of booking. If,
once the booking has been accepted by the Company,
you wish to make any alterations to the booking
details, e.g. change of name, date, accommodation,
duration etc., the company will do all it can
to assist you although it is under no obligation
to make any alterations other than to allow you
or any member of your party who is prevented from
traveling to transfer his/her booking to someone
else, provided that written notice is given to
the Company not less than 35 days before the departure
date with full details of the transfer. The transferee(s)
must satisfy all the requirements for a diving
holiday as set out in these terms and conditions
and the marketing materials.
The Lead Client must send a written alteration
request to the Company at least 8 weeks prior
to departure. You will be required to pay any
additional costs arising from your alteration.
However, any alterations made by you less than
8 weeks prior to departure may be treated at the
company’s discretion as a cancellation and
the charges set out in Clause 4 above will apply.
Any changes you wish to make to your holiday
arrangements once your holiday has commenced are
your sole responsibility. The Company will not
be responsible for the additional cost of any
changes you make whilst on holiday and these must
be paid for by you.
6. Unused Services
No refund or compensation is payable by the company
for any unused accommodation, diving, services
or features provided during the holiday. Clients
who do not complete a diving course for any reason
whatsoever, cannot be refunded for a portion or
the remainder of the diving course.
7. Payment
(1) The specified deposit of 25% of estimated
tour charges is due on booking.
(2) The balance of the cost of the tour as detailed
in the Company’s confirmatory email to you,
must be paid to the Company not later than 4 weeks
prior to the date of departure. Failure to do
so will result in the booking being treated as
cancelled by you. Cancellation charges will be
payable as set out in Clause 4 above.
(3) In the case of bookings made less than 8 weeks
before the departure date, payment must be made
in full upon booking.
8. Price Policy
The Company reserves the right to change the prices
advertised in the Internet homepages at anytime
without notice. Such changes to the price maybe
as a result of Indian or foreign government action
(including changes in the rate of VAT and any
other duties or levies), currency fluctuations
or increases in transportation costs etc. All
price changes effected after booking has been
confirmed is payable with 7 days of intimation.
If such change results in an increase of more
than 15% of the original cost quoted, you may
cancel the booking and obtain a full refund, less
an administration charge of not more than INR
2000 per person. In the event that the holiday
you have bought is subsequently sold or offered
for sale at a lower price than you paid, we will
be under no obligation to refund the difference
in the price.
9. Responsibility
(1) The Company shall make its best endeavor to
ensure that the tour and facilities are of Reasonable
Standards as stated in our offer. However, the
Company has no control over third party facilties
and further, you must appreciate that in developing
countries service in hotels, on tour and in restaurants
cannot be expected to be of the same standard
as those in the Western Countries and the term
“reasonable standard” must be interpreted
accordingly. This is particularly important where
“dive boats” are involved in a tour
and the clear limitations of being on such a small
vessel must be accepted.
(2) The Company DOES NOT accept liability for
any loss including death or personal injury you
may suffer in respect of the holiday arrangements
you book with the Company except those attributable
directly to the negligence of the Company.
(3) The Company’s liability to compensate
you and the amount of such compensation is subject
to the following limitations. First, in the case
of damage other than death, illness or personal
injury, compensation is restricted to a reasonable
amount having regard to such factors as the holiday
cost and the extent to which the enjoyment of
your holiday can be said to have been affected,
level of negligence of the employees of the Company
and contributory negligence on your part. The
maximum amount of such compensation the Company
will pay you is limited to the price of the tour
as paid by you. Second, in all cases, liability
and compensation are restricted in accordance
with the provisions of all International Conventions
relevant to the transportation and accommodation
provided.
(4) Diving activities carry inherent risks and
each person wishing to participate in such activities
may be asked by the Company to sign liability
releases and provide a current medical and in
all cases must adhere to the restrictions imposed
by the Company.
10. Force Majeure
The Company accepts no responsibility for and
shall not be liable in respect of any loss or
damage or alterations, delays or changes arising
from unusual and unforeseeable circumstances beyond
its control, such as war, or threat of war, riot,
civil strife, industrial disputes including air
traffic control disputes, terrorist activity,
political unrest, change in government regulations,
natural and nuclear disaster, floods, fire and
adverse weather conditions, technical problems
with transport, closure or congestion of airports
or ports.
11. Diving
Proof of diving qualification by a recognized
agency is compulsory. Clients must submit their
diving qualifications to the Divemaster/ Dive
Instructor before diving can commence. All clients
on the booking form participating in scuba diving
must be in good health and not have any medical
history of lung disorders, asthma, epilepsy, diabetic
or recent surgery and agree to discontinue diving
if respiratory congestion or a head cold or any
other medical condition takes place during the
holiday. If the client has any medical condition
contrary to these requirements he/she must produce
a diving medical certificate of fitness, prior
to diving. Failure to provide satisfactory diving
qualifications or medical certificates will not
result in any liability whatsoever on the part
of the Company.
12. Responsibility for Diving
The Company makes every effort to ensure the highest
standards of diving etiquette and safety. However,
clients are advised that diving takes place at
their own risk and they must behave in a fit and
proper manner at all times, in accordance with
all recognised diving practices and procedures
and take proper responsibility for their own safety.
Clients are advised that certain diving sites
are very remote, either by distance or time or
both, from a recompression chamber. The Company
reserves the right to require to withdraw from
the holiday any person whose actions or conduct
is considered by the Company in its absolute discretion
to be incompatible with the comfort and safety
of the company’s other clients or to be
offensive to them. In the event of such conduct,
no liability whatsoever will be owed to that person
by the Company upon withdrawal from the holiday.
13. Travel Documents
It is your responsibility to ensure that all necessary
travel documents such as passports, visas and
to ensure that all diving qualifications are obtained
and are valid.
14. Complaints
If you have cause for complaint whilst on holiday,
you must bring it to the attention of the Company
who will then do their best to rectify the situation.
It is unreasonable to afford the Company or its
representatives no opportunity to rectify any
problem whilst on your tour and failure to do
so on your part may affect your right to compensation.
Should any problem remain unresolved, any complaint
must be made in writing to the Company within
28 days of completion of the tour.
15. Insurance
It is your responsibility to ensure that you have
adequate insurance cover. It is a condition of
booking your holiday that you have taken out adequate
insurance against such risks as medical costs,
personal accident risks, personal liability and
legal expenses. You are especially advised to
insure against cancellation and loss of deposit.
You are required to ensure that your policy has
an endorsement for scuba diving if you are undertaking
it as part of your tour. |