DEFINITIONS
“CD” means the company Channel Diving .
“Customer” means the person, company or organisation booking a trip.
“Fee” means the cost of the trip as published on the CD website or otherwise agreed in writing.
1. BOOKING
1.1 A booking will be provisional until CD receives the following:
a. Deposit or Payment as defined in Section 2 below.
b. Customer name, address, telephone number and (if possible) an email address
1.2 Upon receipt of the above CD will confirm the booking in writing.
1.3 These Terms and Conditions of Booking apply to all bookings confirmed to a Customer by CD and by entering into a confirmed booking the Customer agrees to be bound by them (unless otherwise agreed in writing).
1.4 A copy of these Terms and Conditions of Booking is available on request, on the CD website
2.DEPOSIT OR PAYMENT
2.1 Day Trips a £200 deposit is required for booking the whole boat. The remainder of the fee is payable on the day.
2.2 On the day we can only accept cash or Bank Transfer as payment for the remainder of the fee, no cheques or credit cards accepted.
2.3 For Individuals, a £50 deposit is required in advance to secure the booking/s & if more than 1 date booked then the deposit rolls over and comes off your last date booked. If you can’t make any of the trips it’s your responsibility to find a replacement – There are no refunds on Individual deposits.
2.4 On Overseas Trips & Trips outside of Sussex – A booking is only confirmed once a deposit of £1000 has been received, and the balance is due 8 weeks prior to the start of the trip. if you decide to cancel your booking it is your responsibility to find a replacement charterer for your booking otherwise full amount payable.
2.5 Gift Vouchers – Gift Vouchers are not transferable and non-refundable – Valid for 12 Months.
3. CANCELLATION BY CUSTOMER
3.1 Brighton & Eastbourne Trips, all Deposit are rolling deposits & are non refundable.
3.2 Brighton & Eastbourne Trips, Less than 6 months notice, the Deposit is forfeited unless another party can be found for the dates.
3.3 Brighton & Eastbourne Trips, Less than 3 months notice, the Full Fee is payable unless another party can be found & it is the club/groups responsibility to find a replacement party. If successful any monies paid will be refunded less deductions for any expenses incurred.
3.4 If the Customer requests an early return to harbour then the full Fee is payable.
3.5 On Overseas Trips & Trips outside of Sussex with a duration of 2 days or more, 6 months notice is required prior to the start of the charter, otherwise the FULL hire charge is payable unless a replacement hirer for the same dates can be found & it is the club/groups responsibility to find a replacement party. If successful any monies paid will be refunded less deductions for any expenses incurred.
4. CANCELLATION BY CD
4.1 Day charters from Brighton & Eastbourne – Due to bad weather either the previous day or on the morning of the trip, the Customer has the option of the Deposit or Payment being returned or moved to another suitable day.
4.2 Due to illness, mechanical breakdown or other unforeseen circumstances, the Customer has the option of the Deposit or Payment being returned in full or moved to another suitable date. In this case every attempt would be made by CD to find another suitable boat, if suitable with customer.
4.3 CD cannot be held liable for any loss incurred by the Customer in arranging the trip if CD has to cancel the trip. Hen-Parties/Stag-Parties/Party-Trips, If it is deemed too rough to leave the harbour and go out to open sea (Skippers Decision), an alternative harbour cruise will be conducted within the shelter of the marina walls Please be advised that the duration of the trip will be for the minimum duration of 1hr or for the same as the original time booked.
4.4 On Overseas trips if the weather is bad then we delay the departure until it is possible to cross the Channel, if it is bad for the whole duration then a refund or re-booking is possible.
5. WEATHER
5.1 The Customer MUST telephone CD the evening before the trip between 1800-19.30 to check the weather is suitable for the trip to go ahead and finalise details. Telephone 07970 674799
5.2 Failure to telephone will be taken as acceptance by the Customer of any decisions made by CD for the following day.
5.3 If it is deemed too windy for an offshore trip but ok for inshore then it will be substituted with an inshore trip. 5.4 CD’s decision is final with regard to the weather but we try to get out if possible with due regard to safety and common sense.
5.5 Normandie Trips With Option 1, If the weather blows on your first day and it is deemed to rough to cross the channel then the trip will be delayed until the weather improves. Sometimes this may require a change of French Port to operate from.
6. ALCOHOL, DRUGS AND SAFETY
6.1 Due to changes in insurance company requirements only a small quantity of low strength alcohol will be allowed on board and always at the discretion of the Skipper.
6.2 Drug abuse or excessive alcohol consumption will cause an immediate return to port.
6.3 Any injury or loss sustained on board must immediately be reported to the Skipper.
6.4 Children under 16 years old are only taken by prior agreement by CD in writing.
6.5 CD’s Vessel, Channel Diver is licensed for a maximum of twelve passengers and three crew.
6.6 Any medical conditions that might affect a customer during the trip MUST be reported to the Skipper at the time of booking or before departure.
INSURANCE AND LEGAL
7.1 Anything you catch you can keep if above the minimum landing size and not subject to a temporary landing ban.
7.2 It is illegal to sell any fish caught on board.
7.3 CD’s Vessel and Skipper are licensed to operate as required by the MCA – Maritime and Coastguard Agency.
7.4 CD maintains £5 million Public Liability Insurance.
7.5 These Terms and Conditions of Booking and all other express and implied terms of the contract shall be governed and construed in accordance with the laws of England and the parties agree to submit to the jurisdiction of the courts of England and Wales.
7.6 Nothing in these Terms and Conditions of Booking shall affect the rights of Consumers.
7.7 All clauses and sub-clauses of this Agreement are severable and if any clause or identifiable part thereof is held to be unenforceable by any court of competent jurisdiction then such enforceability shall not affect the enforceability of the remaining provisions or identifiable parts thereof in these Terms and Conditions of Booking.
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