Terms and Conditions

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Philippine Dive Holidays

Booking Terms & Conditions

These Booking Terms and Conditions, together with our privacy policy and, where your holiday is booked via our website, our website terms and conditions of use, together with any other written information we brought to your attention before we confirmed your booking, form the basis of your contract with Philippine Dive Holidays Limited of Priory House, 45-51 High Street, Reigate, Surrey, RH29AE (“we” or “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 on the booking agrees on behalf of all persons detailed on the booking that:

a. He/she has read these terms and conditions and has the authority to and does agree to be bound by them.

b. He/she consents to our use of information in accordance with our Privacy Policy;

c. He/she is over 18 years of age and where 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;

d. He/she accepts financial responsibility for payment of the booking on behalf of all persons detailed on the booking.

  1. Booking and Paying for your Arrangements

After choosing your holiday, please email us directly at info@philippinediveholidays.com. Following receipt of your email and communication with the corresponding services you require, we will provide you with a quote via email, once we have all the information we require. This may require more than one e-mail as, to provide an accurate quote, some detail is required.

A booking is made with us when a) you tell us that you would like to accept our written or verbal quotation; b) you pay us a deposit (or full payment if you are booking within 90 days of departure or such other period as advised to you at the time of booking); and c) we issue you with a booking confirmation. We reserve the right to return your deposit and decline to issue a confirmation at our absolute discretion

A binding contract will come into existence between you and us as soon as we have issued you with a booking confirmation, which will confirm the details of your booking.

If your confirmed arrangements include a flight originating in the United Kingdom, we will issue you with an ATOL Certificate and a confirmation. Upon receipt, if you believe that any details on the ATOL Certificate or confirmation or any other document are wrong you must advise us immediately (by contacting us on ivana.rizmal@magicoflapland.net) as changes can not be made later and it may harm your rights if we are not notified of any inaccuracies in any document within ten days of our sending it out (five days for tickets). If you advise us of any errors outside of this time frame, we will attempt to correct the inaccuracies and obtain replacement tickets (etc.) for you, if possible. Where we can arrange for such changes to be made, all changes will be subject to payment of an administration fee of £50 per person per change as well as any extra costs incurred as well as any costs incurred by ourselves and any costs or charges incurred or imposed by any of our suppliers.

The balance of the cost of your arrangements (including any applicable surcharge) will be due in accordance with the payment schedule advised to you at the time of booking. If we do not receive your balance in full and on time, we reserve the right to treat your booking as cancelled by you in which case the cancellation charges set out in clause 8 below will become payable. 

Please Note: Any resort, dive centre or other services that you request are dependent on availability at the time of your request. If the resort, dive centre or other service that you request is not available, we will investigate other alternative services for you. The availability of certain promotions and pricing quoted on our website will vary.

We offer a variety of payment methods to make paying for your holiday as convenient as possible. The payment methods we accept are as follows:

a. Payment by UK Debit Card (Visa Debit, Maestro, Solo, Electron). There is no charge for payments made using UK Debit Cards.  Subject to point d, below, all cards will be billed in Pounds Sterling.  All card payments are processed using our secure WorldPay™ system. (Please note, as of 13 January ’18 we no longer accept payment by Credit Card and Charge Cards, including American Express).

b. Send us a Pound Sterling cheque made out to Philippine Dive Holidays Ltd.

c. Bank transfer of the required amount (in GBP) direct to Philippine Dive Holidays Ltd. The relevant bank account details for the transfer will be shown on your invoice. When you send the transfer you must instruct your bank that all bank charges (at both ends of the transaction) are charged to you.

d. For certain resorts we may be able to accept payments in US Dollars, where this is the case, we will advise you at the time of booking and will inform you how payment may be made to us in US Dollars.

  1. Accuracy

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

  1. Insurance

Adequate diving and travel insurance is a condition of your contract with us. You must be satisfied that your insurance fully covers all your personal requirements including cancellation charges, medical expenses and repatriation in the event of accident or illness. You must also ensure that your chosen policy expressly covers you for scuba diving or any related activity that you may be taking part in during your holiday. If you choose to travel without adequate insurance cover, we will not be liable for any losses howsoever arising, in respect of which insurance cover would otherwise have been available.

  1. Pricing

The price of your travel arrangements has been calculated using exchange rates quoted in the American Express Foreign Exchange (for US Dollars) and TransferWise (for PHP and Euros) on an ongoing basis in relation to the following currencies: US Dollars, PHP and Euros.

We reserve the right to amend the price of unsold holidays at any time and correct errors in the prices of confirmed holidays.

The price of your confirmed holiday is subject at all times to variations in:

  • transportation costs, including the cost of fuel; or
  • dues, taxes or fees chargeable for services such as landing taxes or embarkation or disembarkation fees at ports and airports; or
  • the exchange rates used to calculate your arrangements.

Such variations could include but are not limited to cost changes which are part of our contracts with transport providers and any other suppliers.

We will absorb and you will not be charged for any increase equivalent to 2% of the price of your travel arrangements, which excludes insurance premiums and any amendment charges and/or additional services or travel arrangements. You will be charged for the amount over and above that. If this means that you have to pay an increase of more than 10% of the price of your confirmed travel arrangements (excluding any 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 charges and/or additional services or travel arrangements. Should you decide to cancel for this reason, you must exercise your right to do so within 14 days from the issue date printed on your final invoice.

Should the price of your holiday go down due to the changes mentioned above, by more than 2% of your confirmed holiday cost, then any refund due will be paid to you. 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 the price of your confirmed holiday within 30 days of your departure nor will refunds be paid during this period.

  1. Jurisdiction and Applicable Law

These Booking Terms and 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. You may, however, choose the law and jurisdiction of Scotland or Northern Ireland if you live in those places and if you wish to do so.

  1. Cutting Your Holiday Short

If you are forced to return home early, we cannot refund the cost of any services you have not used. If you cut short your holiday and return home early in circumstances where you have no reasonable cause for complaint about the standard of accommodation and services provided, we will not offer you any refund for that part of your holiday 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.

  1. Changes by You

If you wish to change any part of your booked arrangements after our confirmation invoice has been issued, you must inform us in writing as soon as possible. This should be done by the first named person on the booking. Whilst we will do our best to assist, we cannot guarantee that we will be able to meet your requested change. Where we can meet a request, all changes will be subject to payment of an administration fee of £50 per person per change as well as any applicable rate changes or extra costs incurred as well as 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. Where 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.

If any member of your party is prevented from travelling, that person(s) may transfer their place to someone else (introduced by you and satisfying all the conditions applicable to the arrangements) providing we are notified not less than 28 days before departure and you pay an amendment fee of £50 per person transferring, meet all costs and charges incurred by us and/or incurred or imposed by any of our suppliers and the transferee agrees to these booking conditions and all other terms of the contract between us. 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.

Note: Certain arrangements may not be amended or transferred after they have been confirmed (i.e. this is often the case with flights) and any alteration could incur a cancellation charge of up to 100% of that part of the arrangements.

  1. If You Cancel

If you or any member of your party decides to cancel your confirmed booking you must notify us in writing, via e-mail. Your notice of cancellation will only take effect when it is received in writing (via e-mail) by us and will be effective from the date on which we receive it. We recommend that you obtain a delivery report and ‘read receipt’. Occasionally, due to poor internet connectivity in certain parts of the Philippines, we may not be able to access our e-mail account on a daily basis, which may delay our receipt of your notice to cancel. We will nevertheless endeavour to inform you of the dates that we will be out of reach.

Since we incur costs in cancelling your arrangements, you will have to pay the applicable cancellation charges up to the maximum shown below. The cancellation charge detailed is calculated on the basis of the total cost payable by the person(s) cancelling excluding insurance premiums and amendment charges which are not refundable in the event of the person(s) to whom they apply cancelling:

Cancellation Charges for Non-Liveaboard Bookings

Period before departure within which notice of Cancellation by you is received Amount of cancellation charge 
More than 62 days prior to departure Loss of Deposit
31 to 61 days prior to departure 75% of total holiday cost
Less than 31 days prior to departure 100% of total holiday cost

 

Cancellation Charges for Liveaboard Bookings

1) Discovery Fleet

Period before departure within which notice of Cancellation by you is received Amount of cancellation charge
120 to 91 days prior to departure 20% of total holiday cost
Less than 90 days prior to departure 100% of total holiday cost

2) Siren Fleet

Period before departure within which notice of Cancellation by you is received Amount of cancellation charge
More than 62 days prior to departure 30% of total holiday cost
Less than 61 days prior to departure 100% of total holiday cost

3) Atlantis Azores

Period before departure within which notice of Cancellation by you is received Amount of cancellation charge
More than 62 days prior to departure 30% of total holiday cost
Less than 61 days prior to departure 100% of total holiday cost

We will deduct the cancellation charge(s) from any monies you have already paid to us.

Note: Certain arrangements may not be amended after they have been confirmed (i.e. this is often the case with flights) and any alteration or cancellation could incur a cancellation charge of up to 100% of that part of the arrangements in addition to the charge above.

If the reason for your cancellation is covered under the terms of your insurance policy, you may be able to reclaim these charges.

  1. If We Change or Cancel

As we plan your arrangements many months in advance 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 a major change to your holiday, we will inform you as soon as reasonably possible if there is time before your departure. Examples of minor changes include alteration of your outward/return flights by less than 12 hours, changes to aircraft type, change of accommodation to another of the same or higher standard, changes of carriers. Please note that carriers such as airlines used in our brochures, leaflets and website may be subject to change.
Occasionally we may have to make a major change to your confirmed arrangements. ”Examples of “major changes” include the following, when made before departure:

  • A change of accommodation area 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 change of UK departure airport, as long as that change is not from one London airport to another London airport. London airports are Heathrow, Gatwick, Stansted, Luton and London City.
  • A significant change to your itinerary, missing out one or more destination entirely.

Cancellation: We will not cancel your travel arrangements less than 62 days before your departure date, except for reasons of force majeure or failure by you to pay the final balance. We may cancel your holiday 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 major 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:

  • (for major changes) accepting the changed arrangements;
  • having a refund of all monies paid; or
  • accepting an offer of alternative travel arrangements of comparable standard from us, if available (we will refund any price difference if the alternative is of a lower value).

You must notify us of your choice within 7 days of our offer. If you fail to do so we will assume that you have chosen to accept the change or alternative booking arrangements.

Compensation

If we cancel or make a major change less than 62 days before departure, we will pay compensation as detailed below. The compensation that we offer does not exclude you from claiming more if you are entitled to do so.

Period before departure within which notice of Cancellation or major change is notified to you Compensation payable per person booking
62 days or more Nil
61 – 42 days prior to departure £10
41 – 28 days prior to departure £20
27 – 14 days prior to departure £30
Less than 14 days prior to departure £40

IMPORTANT NOTE: We will not pay you compensation in the following circumstances:

  • where we make a minor change;
  • where we make a major change or cancel your arrangements more than 62 days before departure;
  • where we have to cancel your arrangements as a result of your failure to make full payment on time;
  • where the change or cancellation by us arises out of alterations to the confirmed booking requested by you;
  • where we are forced to cancel or change your arrangements due to Force Majeure (see clause 10).

In the event of a change or cancellation, we regrettably cannot reimburse you for any incidental expenses incurred by you such as visas, vaccinations, equipment, transport, insurance or similar costs.

Please note: where accommodation with a higher price than the original accommodation is offered by us and accepted by you, the difference in price will be deducted from any compensation payable. In no case will we pay compensation if accommodation is offered by us and accepted by you with a higher price than that originally booked in the same location where no additional payment is made by you.

If we become unable to provide a significant proportion of the services that you have booked with us after you have departed, we will make alternative arrangements for you at no extra charge and, if appropriate in all the circumstances, will pay you reasonable compensation.

  1. Force Majeure

Except where otherwise expressly stated in these booking conditions we will not be liable or pay you compensation if our contractual obligations to you are affected by any event which we or the supplier(s) of the service(s) in question could not, even with all due care, foresee or avoid. These events can include, but are not limited to war, threat of war, civil strife terrorist activity and its consequences or the threat of such activity, riot, 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 and adverse weather, hurricanes, tropical storms, sea and river conditions and all similar events outside our or the supplier(s) concerned’s control. Advice from the Foreign Office to avoid or leave a particular country may constitute Force Majeure.

  1. Special Requests  

We want you to enjoy your holiday so please do advise us in writing of any special requests at the time of booking. This includes dive equipment hire, special dietary needs, allergies as well as any other health issues. We make every effort to arrange any reasonable special requests; however we cannot guarantee that they will be fulfilled. We may note your special request on the confirmation invoice and advise our suppliers of your request, however this 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 the request has been specifically confirmed. We are afraid that we, unfortunately, do not accept bookings that are conditional upon any special request being met.

  1. Disabilities and Medical Problems

Although we are not a specialist disabled holiday company we have first hand experience at all resorts and dive centres we offer, meaning we will do our utmost to cater for any special requirements you may have and can recommend resorts and dive centres that have accessible facilities. If you or any member of your party has any medical problem or disability which may affect your trip, please provide us with full details before we confirm your booking so that we can try to advise you as to the suitability of your chosen arrangements. We will require you to produce a doctor’s certificate certifying that you are fit to participate in the holiday and all of the activities you have booked to participate in during the holiday (including diving). Acting reasonably, if we are unable to properly accommodate the needs of the person(s) concerned, we will not confirm your booking or if you did not give us full details at the time of booking, we will cancel it and impose applicable cancellation charges when we become aware of these details.

  1. Complaints

We make every effort to ensure that your arrangements run smoothly but if you do have a problem during your holiday, please inform the relevant supplier immediately who will endeavour to put things right. If your complaint is not resolved locally, please contact us on +44 7825 881609 or email info@philippinediveholidays.com. If the problem cannot be resolved and you wish to complain further, you must send formal written notice of your complaint to us at Philippine Dive Holidays Limited of 15 Home Park, Oxted, Surrey, RH80JS or by e-mail to info@philippinediveholidays.com within 28 days of the end of your stay, giving your booking reference and all other relevant information. Failure to follow the procedure set out in this clause may affect ours and the applicable supplier’s ability to investigate your complaint, and will affect your rights under this contract.

Please note that we do not offer an Alternative Dispute Resolution service. However, if you feel your complaint has not been resolved you can report it to the Travel Trust Association, who can act as an independent intermediary to help resolve the complaint. Please find further information here: http://www.traveltrust.co.uk/ConsumerWebZone/Complaintsprocedure.aspx.

  1. Our Liability
  • We will accept responsibility for the arrangements we agree to provide or arrange for you as an “organiser” under the Package Travel, Package Holidays and Package Tours Regulations 1992 as set out below. Subject to these booking conditions, if we or our suppliers negligently perform or arrange the services which we are obliged to provide for you under our contract with you, as set out on your confirmation invoice, 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.
  • We will not be responsible or pay you compensation for any injury, illness, death, loss, damage, expense, cost or other claim of any description if it results from:-
  • the act(s) and/or omission(s) of the person(s) affected;
  • the act(s) and/or omission(s) of a third party unconnected with the provision of the services contracted for and which were unforeseeable or unavoidable; or
  • unusual or unforeseeable circumstances beyond ours or our supplier(s) control, the consequences of which could not have been avoided even if all due care had been exercised; or
  • an event which either ourselves or suppliers could not, even with all due care, have foreseen or forestalled.
  • We limit the amount of compensation we may have to pay you if we are found liable under this clause: 
  • loss of and/or damage to any luggage or personal possessions and money,

The maximum amount we will have to pay you in respect of these claims is an amount equivalent to the excess on your insurance policy which applies to this type of loss per person in total because you are assumed to have adequate insurance in place to cover any losses of this kind.

  • Claims not falling under (a) above and which don’t involve injury, illness or death

The maximum amount we will have to pay you in respect of these claims is twice the price paid by or on behalf of the person(s) affected in total. This maximum amount will only be payable where everything has gone wrong and you or your party has not received any benefit at all from your booking.

  • Claims in respect of international travel by air, sea and rail, or any stay in a hotel
  1. i) The extent of our liability will in all cases be limited as if we were carriers under the appropriate Conventions, which include The Warsaw/Montreal Convention (international travel by air); The Athens Convention (with respect to sea travel); The Berne/Cotif Convention (with respect to rail travel) and The Paris Convention (with respect to hotel arrangements). You can ask for copies of these Conventions from our offices. Please contact us. In addition, you agree that the operating carrier or transport company’s own ‘Conditions of Carriage’ will apply to you on that journey. When arranging transportation for you, we rely on the terms and conditions contained within these international conventions and those ‘Conditions of Carriage’. You acknowledge that all of the terms and conditions contained in those ‘Conditions of Carriage’ form part of your contract with us, as well as with the transport company and that those ‘Conditions of Carriage’ shall be deemed to be included by reference into this contract.
  1. ii) In any circumstances in which a carrier is liable to you by virtue of the Denied Boarding Regulation 2004, any liability we may have to you under our contract with you, arising out of the same facts, is limited to the remedies provided under the Regulation as if (for this purpose only) we were a carrier.

iii) When making any payment, we are entitled to deduct any money which you have received or are entitled to receive from the transport provider or hotelier for the complaint or claim in question.

  • It is a condition of our acceptance of liability under this clause that you notify any claim to ourselves and our supplier(s) strictly in accordance with the complaints procedure set out in these conditions.
  • Where any payment is made, the person(s) receiving it (and their parent or guardian if under 18 years) must also assign to ourselves or our insurers any rights they may have to pursue any third party and must provide ourselves and our insurers with all assistance we may reasonably require.
  • Please note, we cannot accept any liability for any damage, loss or expense or other sum(s) of any description: (a) 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 (b) relate to any business.
  • We will not accept responsibility for services or facilities which do not form part of our agreement or where they are not advertised in our brochure. For example any excursion you book whilst away, or any service or facility which your hotel or any other supplier agrees to provide for you.
  1. Your Behaviour

All guests who have booked with us are expected to conduct themselves in an orderly and acceptable manner and not to disrupt the enjoyment of other guests. If in our opinion or in the opinion of any other person in authority, your behaviour or that of any member of your party is causing or is likely to cause distress, danger or annoyance to any of our other guests or any third party or damage to property, or to cause a delay or diversion to transportation, we reserve the right to terminate your booking arrangements with us immediately. In the event of such termination our liability to you and/or your party will cease and you and/or your party will be required to leave your accommodation or other service immediately. We will have no further obligations to you and/or your party. No refunds for lost accommodation or any other service will be made and we will not pay any expenses or costs incurred as a result of termination. You and/or your party may also be required to pay for loss and/or damage caused by your actions and we will hold you and each member of your party jointly and individually liable for any damage or losses caused by you or any member of your party. Full payment for any such damage or losses must be paid directly to the hotel manager or other supplier prior to departure from the hotel. If you fail to make payment, you will be responsible for meeting any claims (including legal costs) subsequently made against us as a result of your actions together with all costs we incur in pursuing any claim against you. We cannot be held responsible for the actions or behaviour of other guests or individuals who have no connection with your booking arrangements or with us.

  1. Excursions

Excursions or other holidays that you may choose to book or pay for whilst you are taking part in your holiday are not part of your contracted arrangements with us. For any excursion or other holiday that you book, your contract will be with the operator of the excursion or holiday and not with us. We are not responsible for the provision of the excursion or holiday or for anything that happens during the course of its provision by the operator.

  1. Financial security

We provide financial security for flight inclusive Packages, Flight Plus bookings and ATOL protected flights. We do this by way of a bond held in favour of the Civil Aviation Authority under ATOL number T7582, as part of the Travel Trust Association ATOL bonding scheme. When you buy an ATOL protected flight or flight inclusive holiday from us you will receive an ATOL Certificate. This lists what is financially protected, where you can get information on what this means for you and who to contact if things go wrong. For further information, visit the ATOL website at www.atol.org.uk. The price of our flight inclusive arrangements includes the amount of £2.50 per person as part of the ATOL Protection Contribution (APC) we pay to the CAA. This charge is included in our advertised prices. Not all holiday or travel services offered and sold by us will be protected by the ATOL Scheme.

We, or the suppliers identified on your ATOL Certificate, will provide you with the services listed on the ATOL Certificate (or a suitable alternative). In some cases, where neither we nor the supplier are able to do so for reasons of insolvency, an alternative ATOL holder may provide you with the services you have bought (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.

We provide financial security for holidays not including flights by way of a Trust Account held with the Travel Trust Association (http://www.traveltrust.co.uk/) (TTA number Q2025).

If you book arrangements other than an ATOL protected flight, Package or Flight-Plus from this brochure/website, your monies will not be financially protected. Please ask us for further details.

  1. Passport, Visa and Immigration Requirements and Health Formalities

It is your responsibility to check and fulfil the passport, visa, health and immigration requirements applicable to your itinerary. We can only provide general information about this. You must check requirements for your own specific circumstances with the relevant Embassies and/or Consulates and your own doctor as applicable. Requirements do change and you must check the up to date position in good time before departure.

Most countries now require passports to be valid for at least 6 months after your return date. If your passport is in its final year, you should check with the Embassy of the country you are visiting. For further information contact the Passport Office on 0870 5210410 or visit www.passport.gov.uk.

Up to date travel advice can be obtained from the Foreign and Commonwealth Office, visit www.fco.gov.uk.

Non British passport holders, including other EU nationals, should obtain up to date advice on passport and visa requirements from the Embassy, High Commission or Consulate of your destination or country(ies) through which you are travelling.

We do not accept any responsibility if you cannot travel or incur any other loss because you have not complied with any passport, visa, immigration requirements or health formalities. You agree to reimburse us in relation to any fines or other losses which we incur as a result of your failure to comply with any passport, visa, immigration requirements or health formalities.

  1. Conditions of Suppliers

Many of the services which make up your holiday are provided by independent suppliers. Those suppliers provide these services in accordance with their own terms and conditions which will form part of your contract with us. 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.

  1. Foreign Office Advice

You are responsible for making yourself aware of Foreign Office advice in regard to the safety of the countries and areas in which you will be travelling and to make your decisions accordingly. Advice from the Foreign Office to avoid or leave a particular country may constitute Force Majeure. (See clause 10).

  1. Delays, Missed Transport Arrangements and other Travel Information

If you or any member of your party miss 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.

The Package Travel etc Regulations 1992 provide that in the event that you experience difficulty on the occurrence of circumstances described in clauses 14 (2) (a) (b) (c) or (d) of these booking conditions, we will provide you with prompt assistance. Where you experience a delay which is not owing to any failure by us, our employees or sub-contractors, this prompt assistance is likely to extend to providing help in locating refreshments, accommodation and communications but not paying for them. Any 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 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.

Under EU 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 EU 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 at www.caa.co.uk/passengers. Reimbursement in such cases is the responsibility of the airline and will not automatically entitle you to a refund of your holiday price from us. If, for any reason, you do not claim against the airline and make a claim for compensation from us, you must, at the time of payment of any compensation to you, make a complete assignment to us of the rights you have against the airline in relation to the claim that gives rise to that compensation payment. 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.

We cannot accept liability for any delay which is due to any of the reasons set out in clause 10 of these booking conditions (which includes the behaviour of any passenger(s) on any flight who, for example, fails to check in or board on time).

The carrier(s), flight timings and types of aircraft shown in this website or any brochures, emails, leaflets or any other electronic or printed advertisements and detailed on your confirmation invoice are for guidance only and are subject to alteration and confirmation. We shall inform you of the identity of the actual carrier(s) as soon as we have booked and confirmed your flights. The latest flight timings will be shown on your tickets which will be despatched to you approximately two weeks before departure. You should check your tickets very carefully immediately on receipt to ensure you have the correct flight times. If flight times change after tickets have been dispatched we will contact you as soon as we can to let you know.

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

This website is our responsibility, as your tour operator. It is not issued on behalf of, and does not commit the airlines mentioned herein or any airline whose services are used in the course of your travel arrangements.

  1. Limited Liability Release for Airlines not accepted under the European Aviation Safety Policy

All Philippine airlines, except for Philippine Air Lines (PAL), are not recognized by EU safety standards to fly within EU air space. In certain circumstances Philippine Dive Holidays may offer customers an alternative airline that is not recognised by EU safety standards to aid in the transfer between locations. For a comprehensive list of these airlines, see http://ec.europa.eu/transport/modes/air/safety/air-ban/.

If it is necessary to use an alternative airline to complete a transfer, you will be advised and you will be required to sign a liability release prior to booking. You release Philippine Dive Holidays Limited from any and all liability in regard to travelling with these airlines. In addition you agree that Philippine Dive Holidays Limited may book with these airlines with your knowledge that these airlines do not meet EU safety standards. You must inform us if you would not like to travel on any of these airlines within 48 hours of receiving your quote and/or liability release from. Following this, standard cancellation terms will apply.

  1. Advance Passenger Information

A number of Governments are introducing new requirements for air carriers to provide personal information about all travellers on their aircraft to the Authorities before the aircraft leaves the UK. The data will be collected either at the airport when you check in or in some circumstances when, or after you make your booking. Accordingly, you are advised to allow extra time to check in for your flight. Where we collect this data, we will treat it in accordance with our privacy policy.

  1. Standards and Services in the Philippines

The Philippines is a third world country. Systems, services, businesses, facilities, health and safety and other areas of everyday life will reflect this. Standards will be inferior to what is expected in more developed countries. There is certain element of risk that is implicit and accepted by those choosing to visit any developing country of the world. By visiting the Philippines you accept these risks. We, via our website and via any questions you may have, will serve to provide you with the knowledge about the Philippines or specific location you are visiting, to assist you to have a fantastic holiday. 

  1. Baggage

We have no control over airline baggage policy, however, we can provide general information about this at the time of booking, if requested. Despite this, it is your responsibility to check directly with the airline regarding baggage limits, excess baggage charges and the carriage of sports (i.e. scuba diving) equipment. The airline policy may change without prior notice.

It is important that customers inform us of any scuba diving/sports equipment you will be travelling with, so we can inform our suppliers who arrange transfers. There may be additional charges from suppliers for oversized or excess baggage. We cannot be held liable for any damage/loss of luggage/sports/dive equipment during transfers. We cannot be held responsible if suppliers refuse to carry baggage or sports equipment or charge extra on the day.

  1. Data Protection

We will provide your personal information as well as any personal information you provide in relation to the persons whose arrangements have been requested by you, to suppliers and carriers located outside the UK and/or the EEA, in particular the Philippines, to enable the operation of the service requested by you. If you make special requests, which include, but are not limited to, special dietary, religious or disability related requests, which contain any personal or sensitive information, the relevant data will be passed to the relevant suppliers and carriers to enable provision of the services to you.

  1. Be a Safe Diver

We naturally want you to have a great dive holiday experience and to be safe. However, you have ultimate responsibility to keep yourself safe. To this end, here are a few general guidelines to help keep you on the straight and narrow.

  • Choose a holiday for you. Check the destination is relevant to your experience level. Check if any training is needed beforehand or to be gained when you have arrived. We can help advise you on what training and courses are required to keep you up to date or should you want further education.
  • Always dive within your limitations – mental, physical, training & experience.
  • Be familiar with the dive centre and procedures. A good dive centre should provide you with an orientation of the dive centre and its safety and emergency procedures. They should also include information about the location and dive conditions. If the conditions are more difficult than that which you are experienced in, it is advisable to postpone diving or select an alternate site with improved conditions. You should engage only in diving activities consistent with your training, experience & fitness level.
  • Use complete, well-maintained, reliable equipment. It is your responsibility to regularly maintain your own equipment as required. If renting equipment, make sure you are happy the equipment is properly fit for purpose. Refuse use of any rental equipment if defective. For less experienced divers, it is advisable to complete an equipment check with your buddy.
  • Listen carefully to dive briefings and directions and respect the advice provided by those supervising or guiding you during the dive.
  • Adhere to the buddy-system throughout every dive.  Plan dives and go over all communications, procedures for reuniting in case of separation, and emergency procedures – with your buddy and your dive guide.
  • Maintain proper buoyancy. We should all strive to maintain perfect buoyancy control; the more control we have, the less chance there is of damaging the environment and ourselves. Dives will last longer and will be more fun!
  • We strongly advise you to have your own dive computer and to not share one with your buddy. All dive centres require each diver to have their own dive computer. If you do not have one, the resort may be able to rent one out to you for an extra cost. Be proficient in dive table usage or use of your dive computer. Make and allow for a margin of safety.
  • Maintain good mental and physical fitness for diving. Avoid being under the influence of alcohol or drugs when diving. Stay hydrated.