1. The Contract & Financial Security

Your contract with Total Diving Solutions Limited of 46, Watergate Street, Chester, CH1 2LA (the "Company") is made under the following booking terms and conditions. In compliance with the Package Travel Regulations 1992, a Trust Account has been set up by the Company with The Royal Bank of Scotland to protect the monies paid in respect of travel arrangements made with the Company, to cater for refunding such monies and/or repatriation to the UK in the unlikely event of financial failure of the Company. This account is administered by a chartered accountant and reviewed regularly by the Travel Trust Association. Further protection is provided by the TTA Safe Seat Insurance Plan. The Company reserves the right to decline any booking. These terms and conditions and the booking form will form the entire terms of the contract between the Company and the person signing the booking form (the lead client), who will be deemed to sign the booking form on behalf of all other persons named on it. The signing of the booking form by the lead client will constitute acceptance of these conditions by all the clients and parties named on it and as confirmation that the lead client has authority to act on behalf of all other persons named on the form. If you have any special requests outside the services outlined in this brochure, the Company will endeavour to assist but is not obliged to do so. These must be notified to the Company in writing before booking. After booking they will be treated as an alteration and a charge made (see below). Any additional costs of a special request must be borne by you.

2. Flights

Flight bookings are subject to a separate contract between you and the ATOL holder for whom we act as agent. Upon acceptance of your booking, an ATOL receipt confirming that we hold your money for the flight will be issued. A confirmation invoice from the ATOL holder will be sent to you as soon as we receive it.

3. Brochure

The information given in the Company's brochure is given in good faith and every reasonable effort has been made to ensure that the brochure was accurate at the time of publication. As the brochure is prepared well in advance of your booking, the Company reserves the right, should circumstances occur beyond its reasonable control, to modify or cancel your holiday arrangements up to 8 weeks before your scheduled departure as necessary. In the case of a material modification, or a cancellation being necessary, the Company will if possible, offer alternative arrangements or if these are not acceptable, a full refund will be paid. A material modification shall be one which has a significant effect on your holiday such as a change of accommodation to a different resort or to an inferior classification in the same resort which will substantially inconvenience you. When offering alternative accommodation arrangements in such circumstances the Company will use all reasonable endeavours to provide an alternative in the same location as that originally booked. If this is not possible or a lower classification of hotel is made available, then a pro-rata refund will be paid to you of sums paid by you to the Company. It may also prove necessary for the Company to withdraw, vary, or modify an advertised facility, itinerary or it's contents due to prevailing local conditions, necessary maintenance, renovation or lack of demand. You agree to such necessary variations or modifications being made and also agree to be bound by the decision of the representative appointed by the Company in this regard. In such circumstances, the Company reserves the right to substitute alternative arrangements.

4. Complaints

If you have cause for complaint whilst on holiday, you must bring it to the attention of the accommodation, dive centre or ground handling agent who will do their best to rectify the situation. Failure to do so may affect your right to compensation. Any unresolved problems should be notified to the Company in writing by recorded delivery within 4 weeks of completion of the holiday.

5. Price Policy

The prices contained in this brochure are valid until the dates specified in the individual location inserts. The Company reserves the right to alter the prices advertised in the brochure prior to booking. After a booking has been made up to 30 days prior to departure, the Company reserves the right to alter the price as a result of UK or foreign government action, including VAT rate changes and any other duties or levies, any currency fluctuations and/or increases in transportation costs. Alterations may be up or down. If the alteration results in an increase of 15% or more of the original quoted cost, you may cancel the booking and obtain a full refund, excluding insurance premium. In the event of an increase, an amended invoice will be sent to you which is payable within 7 days. The Company will absorb an amount equivalent to 2% of the holiday price, excluding insurance premium and any amendment charges and only an amount in excess of the 2% will be passed on to you. No increase will be made within 4 weeks of
departure. If the government imposes a levy for the purposes of consumer protection, the Company reserves the right to pass this charge on to you.

6. Payment

A deposit of £150 plus any insurance premium is due upon booking. The balance as stated on your confirmation invoice is due 8 weeks prior to departure. Failure to pay the balance will result in the booking being treated as cancelled by you. Cancellation charges will be payable as set out in paragraph 8 below. Any insurance premium paid will not be refundable. Any bookings made within 8 weeks of departure must be paid in full upon booking.

7. Alterations by You

It is vitally important that your requirements are clearly stated on the booking form. If, once the booking has been accepted by the Company, you wish to make any alterations to the booking details, such as 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 travelling due to illness, death of a close family member or jury service, to transfer his/her booking to someone else, provided that written notice is give to the Company not less than 30 days before departure 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 brochure. Some travel arrangements cannot be altered after reservation has been made. The person who signed the booking form must send a written alteration request to the Company at least 8 weeks prior to departure. It must be accompanied by a £30 change administration fee. You will also be required to pay any additional costs arising from your alteration. 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 paragraph 8 below will apply. Any changes made after departure 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.

8. Cancellations

If you wish to cancel your holiday, written notification must be given to the Company and sent by recorded delivery, by the person who signed the booking form. The date of cancellation will be the date that the Company receives this written notice. In the event of cancellation by you, no insurance premium paid by you will be refunded and the following cancellation charges will be payable in addition to your forfeiture of your deposit depending upon when written notification is received :
Over 60 days nil
60 - 30 days 40%
29 - 15 days 60%
14 days or less 80%
If you do not provide written notice of cancellation and fail to turn up at your destination on the date arranged by the Company, you will forfeit 100% of your holiday cost. If you cancel your holiday after tickets and vouchers have been sent to you, no refund will be paid until they have been received back by the Company. No refund will be made for any parts of your holiday cancelled by you after your departure date or which are not utilised by you.

9. Our Responsibility

The Company accepts liability for any loss you may suffer if any part of the holiday arrangements you book with the Company are not as described and are not of a reasonable standard. The Company also accepts liability if you suffer death or personal injury as a result of the holiday arrangements failing to be as described and of a reasonable standard. These acceptances of liability do not apply if there has been no fault on the Company's part nor on the part of the Company's suppliers and the loss, death, or personal injury suffered results from or is caused by activities which do not form part of your holiday arrangements as arranged through the Company, or is attributable to your own acts or omissions, the acts or omissions of a third party not involved in providing the services which make up your holiday, which were unforeseeable or unavoidable, or where due to unusual or unforeseeable circumstances whose consequences could not have been avoided or anticipated even with all due care or to an event which, with all due care, could not have been foreseen or forestalled. They are also conditional upon you assigning to the Company any rights you may have against any other person whose acts or omissions have given rise to the Company's liability. Luggage and personal possessions are at all times your sole responsibility. The Company's liability to compensate and the amount of

compensation is subject to the following limitations. In the case of damage other than death, illness or personal injury, compensation is restricted to an amount having regard to holiday cost and the extent to which your holiday has been affected, subject to a maximum of two times the cost of your holiday booked with the Company. In all cases, liability and compensation are restricted in accordance with the provisions of all International Conventions relevant to the transportation and accommodation provided. The term 'reasonable standard' is as applied to the relevant country and is not necessarily the same standard as enjoyed in the UK. Diving activities are governed by the rules and regulations of the diving centres. The company does not accept responsibility (save for personal injury and death caused by it's negligence) for disruption, inconvenience, cancellation or alteration to holidays due to problems caused in whole or in part by the inability of any party's (other than the Company's) products, services or supplies not being Year 2000 compliant. Year 2000 compliance meaning that neither performance nor functionality of such products, services or supplies shall be affected by dates prior to, during or after the year 2000 and that such products, services or supplies shall comply with the Rules set out in BSI document PD2000-1:1998 and the amplification of such rules set out therein.

10. Circumstances Beyond the Company's Control

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 it's control, such as accidents, war, or threat of war, riot, civil strife, industrial disputes including air traffic control disputes, shortage of labour, failure or partial failure of publicly provided utilities, contraction of malaria or other illness by you, 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

Other than for undertaking an entry level course, proof of diving qualification by a recognised agency is compulsory. Before diving can commence, any request for such proof and recent diving history must be satisfied. All clients on the booking form participating in diving activity must be in good health and agree to discontinue diving if respiratory congestion or a head cold or any other contra-indicated medical condition takes place during the holiday. Failure to produce diving qualifications or a diving medical certificate will not result in any liability on the part of the Company. The Company's representative and/or the dive centre reserves the right to prevent someone diving if in their judgement they are unfit to dive by virtue of illness, intoxication, conduct or any other factor which would reasonably present a danger to the diver, a buddy or other divers. No solo diving is permitted. The maximum depth should be that as established by your qualification and in any case should not exceed 40 metres or non decompression limits if less than 40 metres (50 metres for nitrox, 75 metres for trimix). Speciality dives such as night, wreck or cavern etc. are at the discretion of the dive centre and are governed by the dive centres own insurance cover.

12. Responsible for Diving

The Company has taken great care in selecting it's partner dive centres and makes every effort in ensuring the highest quality 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 responsibility for their own safety and that of other divers. The Company requires that all clients observe a minimum 12 hour interval before flying. The company accepts no liability or responsibility for the consequences of your failure to comply.

13. Travel Documents

It is your responsibility to ensure that all your relevant travel documents, such as passport, visa and diving qualifications are valid for at least 6 months beyond your return date. The Company will inform you of all requirements at the time of booking.

14. Insurance

It is your responsibility to ensure that you have adequate insurance cover. The Company recommends the insurance policy outlined in the brochure and believes it provides adequate cover, however you are not obliged to take the cover offered. It is a condition of booking that you have adequate cover and you must supply the name of your insurer, policy numbers and details in the event of declining our recommended policy.

15. The Law

Your contract with the Company is governed by the laws of England and Wales and is subject to the exclusive jurisdiction of the Courts of England and Wales.