|
|
|
Agreement for Diving Programme
1. The Diving Programme
1.1. This Agreement covers the Diving Programme arranged by PoD and their Partners.
1.2. In this Agreement:
1.2.1 ‘Diving Programme’ means the programme arranged by PoD and their Partners, which may include training, voluntary work, other activities, accommodation and food, details of which are contained in PoD’s promotional material, website, offer letter / email and information pack.
1.2.2 ‘Partners’ means dive schools, other organisations or individuals working in conjunction with PoD. They will be primarily responsible for co-ordinating the day-to-day nature of most of your activities whilst on the Diving Programme.
2. Changes to the Diving Programme
2.1. PoD will endeavour to ensure that the Diving Programme as advertised will be adhered to as closely as possible. However, in certain circumstances changes may need to be made for reasons which may include: the requirements of the local community and our Partners; your own safety and wellbeing; the safety and wellbeing of other people; advice issued by the Foreign and Commonwealth Office (FCO); and other unavoidable factors including force majeure (see clause 8).
2.2. You agree to accept the fluid and unpredictable nature of travel overseas and recognise that you may need to be flexible as regards your expectations while on the Diving Programme. Except as provided in this agreement, PoD shall not be liable to you for any changes to the Diving Programme.
2.3. Significant Changes. A ‘Significant Change’ means a change to the advertised Diving Programme in consequence of one or more of the following: (i) the Diving Programme start or end dates change by more than 14 days either way; (ii) we can no longer offer you a Diving Programme in the chosen Country; (iii) we can no longer offer you the dive courses / projects specified. In the event of a Significant Change occurring before the departure date, PoD will seek to agree an alternative programme with you. If no alternative is acceptable, you may cancel or transfer your Diving Programme in accordance with clauses 3 and 4 below.
2.4. Changes to Programmed Activities during the Programme. In the unlikely event that one or more programmed activities, cannot be provided at the expected time, or at all, during the course of the Programme, PoD or their Partners will endeavour to re-schedule the activity or arrange a suitable alternative. In the unlikely event that a suitable alternative cannot be provided you will be informed as soon as is reasonably practicable and will be entitled to a partial refund to reflect the value of the activity.
3. If you wish to cancel your Diving Programme
3.1. You may cancel the Diving Programme within 28 days of PoD notifying you of a Significant Change to the Diving Programme, but no later than the departure date. In these circumstances you will be entitled to a full refund but PoD does not accept liability for any of your consequential losses including the cost of any flight cancellations. You are advised to take out adequate insurance for such matters.
3.2. In all other circumstances the following cancellation charges will apply:
| Date that cancellation is made | Cancellation Charge | | 6 weeks or more before the departure date | £200 | | Less than 6 weeks before the departure date | £750 or the price you have paid, whichever is the lower | | Any date after arrival in the country where the Diving Programme is to be carried out | The price you have paid. You are not entitled to any refund |
3.3. Note that the above cancellation charges will still apply in the event of your illness or some other reason beyond your control which prevents you from undertaking the Diving Programme, and you are advised to take out adequate insurance against such eventualities.
4. Transferring your Diving Programme
4.1. In general, it is not possible to transfer to another person once preparation has commenced. However, we may in exceptional circumstances allow you to transfer the Diving Programme to another person who must first be approved by PoD. We may refuse a request to transfer if in our opinion the proposed new participant is unsuitable for the Diving Programme.
4.2. We shall be entitled to charge you a £100 administrative fee plus any other additional costs incurred by us as a result of the transfer of the Diving Programme including, but not limited to, additional preparation costs.
5. Medical Conditions and Consent to Treatment
5.1. You agree to inform us of any existing medical condition which is known to you or later becomes known to you which PoD or their Partners might reasonably expect to be made aware of, including anything that may affect your ability or fitness to participate in the Diving Programme or any of the activities which form part of it.
5.2. You agree that staff of PoD or its partners may give consent for medical treatment on your behalf where you are unable to give consent yourself.
6. Conduct during the Diving Programme
6.1. During the Diving Programme, you agree to respect the decisions and authority of PoD’s partners and staff in all matters pertaining to the Diving Programme, health and safety, and the local population, and agree to follow the health and safety training and advice given by PoD and their Partners. You agree to act in such a way as not to put yourself, other divers, staff, or the local population at risk, or to jeopardise the work of PoD or their Partners. If you significantly break this agreement or you persistently behave in a manner which is, in the view of PoD or their Partners, incompatible with the spirit of the Diving Programme, PoD retains the right to terminate the Diving Programme without further notice.
7. Contacting your next of kin
7.1 We reserve the right to contact your parents or next of kin if we deem it necessary.
8. Liability
8.1. Travelling abroad carries challenges and risks. Consequently, you are strongly advised to take out an adequate policy of insurance to cover personal injury and damage or loss of your property whilst on the Diving Programme. PoD can only be liable in respect of personal injury or death occurring as a result of negligence on their part, or on the part of their staff. No liability is accepted for loss or damage to property or economic loss howsoever caused. Neither can PoD be held responsible for the actions of those not in their direct employment, including its Partners.
9. Problems and Complaints Procedure
9.1. If you have a problem during the Diving Programme, please inform the Dive Centre staff and / or PoD local representative immediately and they will try to resolve the issue. If your complaint cannot be resolved locally, please contact the PoD UK office by phone or email and we will provide assistance. In the unlikely event that the issue can not be resolved, please write to us within 30 days of the date you finish your Diving Programme and we will investigate the complaint and send you a written response.
10. Force Majeure
10.1. We shall not be liable for any delay in performing any of our obligations under this Contract where the delay is due to force majeure. Force majeure means any cause beyond our control which prevents us from performing any or all of our obligations under this contract and includes industrial action, acts of God, war, riot, governmental orders, fire, flood or storm.
11. Law and Jurisdiction
11.1. This contract shall be governed by the Law of England and Wales and any claims under it shall be brought exclusively in the courts of England and Wales.
DECLARATION - I have read and understood the contents of this agreement and agree to be bound by them.
- I have read all PoD documentation supplied to me and understand the proposed Diving Programme.
- I agree to respect the decisions and authority of PoD’s partners and staff in matters pertaining to the Diving Programme and health and safety.
- I agree to act in such a way as not to put myself or others at risk.
- I accept that if I significantly break this contract or persistently behave in such a way as is, in the view of PoD or their partners, inconsistent with the spirit of the Diving Programme, PoD retains the right to terminate the Diving Programme.
- Either
I am over the age of 18 years.
Or
I am currently under 18 but will be over 18 on the departure date, and I understand that by taking part in the Programme after my 18th birthday I will be confirming my agreement to the terms of this contract.
| |
|
|
|
|
