The person making the booking warrants that they have the authority of all other persons included on the cruise to make the booking on their behalf. You must be at least 18 years old to make a booking with OCEAN DREAM. A deposit of £100 for every person travelling must be submitted (unless the booking is made less than 4 weeks prior to departure, in which case payment is required in full).
The booking is binding upon OCEAN DREAM only when it has issued its confirmation in writing, unless you are booking within 7 days of your scheduled departure date then a contract will exist when we or your agent on our behalf, tell you that your booking is confirmed. Any money paid by a client to an agent (UK Agent Chris Scott, Discover Scuba) or dive store in respect of a booking with OCEAN DREAM and held by the agent is at all times held on behalf of OCEAN DREAM. Your booking is with OCEAN DREAM operated and owned by Salah Elmenshani of Sharm El Sheikh.
2 OCEAN DREAM reserves the right to decline any booking. OCEAN DREAM must receive the total cost of any booking in cleared unconditional funds not later than 4 full weeks prior to the date of departure, time of the essence. For full boat charters 50% must be paid not later than 7 full weeks prior to the date of departure and balance paid no later than 4 weeks prior to departure. Failure to do so will result in the booking being treated as cancelled by you. Cancellation charges will be payable as set out in clause 3 below.
3 Cancellations If you wish to cancel your booking, written notification must be given to OCEAN DREAM by the Lead Client. The date of cancellation will be the date OCEAN DREAM actually receives this written notice. In the event of cancellation by you, the following cancellation charges will be payable towards which we may apply the Deposit: Individuals & Part charters. 28 days or more prior to departure Deposit only forfeited; 27-15 days prior to departure 75% of price; within 14 days of departure 100% of price. Full Charter bookings. 56 days or more prior to departure Deposit only forfeited; 55-28 days prior to departure 40% of price; within 27 days of departure 75% of price.
4 Alterations by OCEAN DREAM. It is unlikely that we will need to make any changes to your cruise arrangements once they are confirmed, but as we do plan many months in advance, this may sometimes be necessary. Compensation will not be made for changes, which arise as a result of situations outside of our control. For example, acts of force majeure (namely: war or threat of war, riots, terrorist activity, civil strife, strikes and other industrial disruption natural disasters, fire, quarantine, epidemics, weather conditions, Government action, lack of crew/instructors, or action by regulatory authorities, impounding of vessels, permit refused or withdrawal, health and safety requirements or other events beyond our control).
5 Alterations by you It is vitally important that your requirements be clearly stated when Booking. If once the booking has been accepted by OCEAN DREAM you wish to make any alterations to the booking detailed, we will do all we can to assist you although we are 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 us not less than 28 working days before the departure date with full details of the transfer. The transferee(s) must satisfy all the requirements for a diving cruise as set out in these conditions. The Lead Client must send a written alteration request to the company at least 4 weeks prior to departure. You will also be required to pay any additional costs arising from your alteration. However, any alterations made by you less than 4 weeks prior to departure may be treated at Ocean Deam’s discretion as a cancellation and the charges set out in clause 3 above will apply. Any changes you wish to make to your arrangements once your cruise has commenced are your sole responsibility. Ocean Dream will not be responsible for the additional cost of any changes you make whilst on the trip and you must pay these.
6 Unused Services. No refund or compensation is payable by OCEAN DREAM for any unused services or features provided during the cruise. 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.
7 Liability. We shall compensate you for any loss or damage you may suffer if we do not comply with our obligations under this agreement or fail to carry out our obligations to a reasonable standard (including if we cause death or personal injury to you by our negligence) unless our non-compliance or failure is in any way directly or indirectly attributable to: your own fault, consent, request, acts or omissions; a third party unconnected with our obligations under this agreement; unusual or unforeseeable circumstances beyond our control which could not have been avoidable even if all reasonable care had been taken; or events which neither we nor our suppliers could have foreseen or forestalled even if we had taken all reasonable care. Our liability to compensate you for your loss or damage (other than death or personal injury to you) is limited to a reasonable amount having regard to such factors as the Cruise Price and the extent to which your enjoyment of the cruise can reasonably be said to have been materially adversely affected. You undertake to us that you will dive strictly within the limits of and meeting the requirements of your current qualifications and experience. You agree that this is solely a diving cruise and you will not dive alone nor will you undertake any activity other than scuba diving or snorkelling unless with the prior written consent of Ocean Dream even though apparently available and/or offered to you on site and/or on or from the boat. You agree to indemnify us on demand in respect of any death, injury, loss or damage directly or indirectly caused as a result of the breach by you of this undertaking and whether suffered by you, by any third party or in the case of loss or damage to the company or death or injury to any of the officers, staff, employees, contractors, servants or agents of Ocean Dream. The term "reasonable standard" must be interpreted in line with accepted liveaboard standards and you expressly and unconditionally accept the clear limitations of being on such a small vessel. Diving activities carry inherent risks and each person wishing to participate in such activities may be asked by Ocean Dream to sign liability releases and assumptions of risk and provide a current medical and in all cases must adhere to the restrictions imposed by Ocean Dream. It is a fundamental condition of this agreement and to any liability Ocean Dream may have to you that you are as a minimum qualification either a PADI Open Water Diver [or PADI Junior Open Water Diver] or judged equivalent from another agency or you are being trained to that minimum level by us, that you are medically and physically fit to undertake the requirements of the cruise and will dive strictly in accordance with your agency standards. All other conditions, warranties and representations express or implied by statue, common law or otherwise in relation to the provision of the cruise are excluded to the fullest extent permitted by law. We shall not under any circumstances be liable for any: loss of profit, revenue, goodwill or any other economic loss; and indirect or consequential loss or damage.
8 Force Majeure. Ocean Dream 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, seizure or impounding of boats, civil or criminal proceedings.
9 Diving. Proof of diving qualification by a recognised agency is compulsory. Clients must submit their diving qualifications to the Dive Master/Instructor on Ocean Dream and if requested prior to departure 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 cruise. 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 Ocean Dream and you agree to indemnify Ocean Dream on demand from any liability to it or to third parties as a result of your breach.
10 Responsibility for Diving. Ocean Dream has taken great care 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 you accept such circumstances and the risks involved. Ocean Dream reserves the right to require to withdraw from the cruise any person whose actions or conduct is considered by Ocean Dream in its absolute discretion to be incompatible with the comfort and safety of the other clients or to be offensive to them. In the event of such conduct, Ocean Dream will owe no liability whatsoever to that person upon withdrawal from the cruise.
11 Travel Documents. It is your responsibility to ensure that all necessary travel documents such as passports, visas and diving qualifications are obtained and are valid.
12 Complaints If you have cause for complaint whilst on cruise, you must bring it to the attention of the divemaster/instructor/skipper who will then do their best to rectify the situation. It is unreasonable to afford Ocean Dream or its staff no opportunity to rectify any problem whilst on cruise 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 Ocean Dream within 14 days of completion of the cruise, time of the essence. We do not have to investigate complaints, which you did not report to your local representative whilst on the cruise.
13 Insurance It is your responsibility to ensure that you have and a condition of this agreement that you have adequate valid insurance cover. It is a condition of booking your cruise that you have taken out adequate valid 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. You must when booking, provide Ocean Dream with full details of the insurance you have taken including the name of your insurer, the premium receipt, copy policy, the policy number and the emergency contact telephone number.