Rules & Regulations

Insurance
It is your responsibility to ensure that you have adequate insurance cover. Smiley Dive recommends Scubasure Insurance www.scubasure.com which it believes provides suitable 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. As smiley dive considers full insurance cover to be essential. Otherwise the clients must, when booking, provide smiley dive with details of the alternative insurance you have taken including the name of your insurer, the policy number and the emergency contact telephone number. You are advised that normal holiday insurance does not cover scuba diving. You are required to ensure that your policy has an endorsement for scuba diving if you are undertaking it as part of your tour.
Diving
Proof of diving qualification by a recognised agency is compulsory. Clients must submit their diving qualifications to the Divemaster 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.
Responsibility for Diving
Smiley Dive has taken great care in choosing the diving schools and operators and 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.
Smiley Dive 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.
Force Majeure
Smiley Dive 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.
Alterations by you
It is vitally important that your requirements be clearly stated on the booking form. If, once the booking has been accepted by smiley dive, you wish to make any alterations to the booking details, e.g. change of name, date, accommodation, departure airport, duration etc., smiley dive 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 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 .

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 £50 per person per change administration fee. You will also 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 5 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.
The Contract

The following booking conditions and information form the basis of your contract with Smiley Dive of 202 Woodside Green london SE25 5EW. Your contract will be with the Company. Your contract with the Company is made once the Company has received a properly completed and signed booking form, the specified deposit has been paid and the Company has signified, in writing, its acceptance of the booking and you have been sent written confirmation by the Company.

These terms and conditions and the booking form will form the entire terms of the contract between Smiley Dive and the person signing the booking form (the lead client), who will be deemed to sign the booking form for and 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 the 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.

Payment
(1) The specified deposit is due on booking.
(2) The balance of the holiday cost as set out on the Company’s confirmatory invoice to you must be paid to Smiley Dive not later than 8 weeks prior to the date of departure. Failure to do so will result in the booking being treated as cancelled by you.
(3) In the case of bookings made less than 8 weeks before the departure date, payment must be made in full upon booking.
(4) Money to be paid to Smiley Dive bank account by cheque.
Unused Services
No refund or compensation is payable by Smiley Dive for any unused accommodation, diving, flight, 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.
Complaints
If you have cause for complaint whilst on holiday, you must bring it to the attention of the on-site local representative or agent of the Company who will then do their best to rectify the situation. It is unreasonable to afford Smiley Dive or its representatives no opportunity to rectify any problem whilst on holiday 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 holiday.
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.