Mulberry Divers Ltd

Terms and Conditions for Boat Bookings v 1.2 Dated 14th September 2011

Please read these Terms and Conditions very carefully before booking your trip as they will apply to your contract with us.

For the purposes of these Terms and Conditions only: “you”, “your” means you the customer and “I”, “we”, “our” and “us” means Mulberry Divers Ltd

1. Before the trip You are required to either check on the www.mulberrydivers.co.uk web site or to contact us on 01243 601000 the day before the boat’s scheduled departure to confirm that the forecast weather conditions are suitable for the trip. In addition, you need to check your registered email and texts on your mobile as any last minute changes and/or cancellations may be sent to both.

2. Information Our dives are categorized according to distance from East Beach slipway as follows: Local: within a radius of 3 miles e.g. Far Mulberry and Mixon Coastal: within a radius of 6 miles but more than 3 miles e.g. Patch Landing Craft and T’Pot (Brigitta) Offshore: more than 6 miles e.g. Shirala, Gascony, Pine

3. Payment Full payment is required at time of booking to secure booking of dives. However, if you are booking a series of dives then we will take a fee of £20 to purchase a Boat Bond. During the season you pay for your dives as you take them. For your final dive the £20 can either be credited to the dive leaving the remaining balance being due on the day or the Boat Bond can be rolled forward to the next year at your option.

4. Cancellation a. By You – Where a cancellation is received less than 7 days before the date of the dive, the payment will not be refunded. Cancellations by you before this date will forfeit 25% of the total price if you request a refund. Alternatively you can elect to receive a credit to your account. Specifically if the dive takes place but you arrive late on the day or elect not to dive or not go out, no refund will be given. b. By Us – Minimum numbers are required for a dive to take place. These are as follows: i. Local dives – 4 persons ii. Coastal dives – 4 persons iii. Offshore dives – 6 persons We will endeavour to fill remaining spaces, if this is not possible then the skipper may revise his trip plan and/or cancel the dive. In this case if you do not dive then you will not be charged. If we cancel the trip because you or any of your group are considered in our reasonable opinion to be unfit to dive or not ready to depart at the scheduled departure time then you will be liable for the full cost of the trip.

5. Weather and Boats Diving is weather and tide dependant. Dives are therefore subject to change or cancellation due to weather or other unforeseen circumstances. If we cancel a trip then you will be entitled to a refund or a credit to your account at your option. The Skipper’s decision in relation to the weather conditions and fitness to dive is final and binding.

6. Responsibility Scuba diving can be a hazardous sport. You are responsible for the conduct of your own dive and for ensuring that you dive within your own capabilities, training, and experience and that you are equipped for the dive site. Evidence of certification (certification card and/or logbook) is required and must be produced on request prior to diving. You must complete an assumption of risk form and this must be received by us prior to diving.

You are required to carry an SMB and reel on every dive. The skipper will advise when the SMB should be deployed.

We do not condone solo diving and strongly recommend that you follow your training organizations safe diving practices and dive with a buddy. If you book onto a dive as a single person you need to ensure that you are prepared and trained to dive solo or to forgo the dive if you can not persuade someone else on the boat to dive with you.

Times stated are the times the boat will depart. Tide requirements mean that you must be ready to depart at the stated departure time. It is your responsibility to ensure that your cylinder is filled and that you have all your equipment. If you are not ready to go at the departure time then the boat will leave without you.

Depths given for dives are estimates they should not be taken as exact.

All equipment whether owned or hired is your responsibility and neither the Skipper nor Mulberry Divers can be held liable for any loss or damage howsoever caused. You therefore need to ensure that your equipment is stowed safely.

All rental equipment must be collected from the Dive Centre (unless explicit arrangements to the contrary have been made by us) prior to the dive.

Neither we nor the Skipper accept any responsibility, liability or consequential loss or other claim whilst you are in the water. You need to ensure that you have the correct weight and the correct buoyancy before boarding the boat. No additional weight is available on board.

You must follow the Skipper’s direction in any and all matters and the Skippers decision is final and binding.

7. Insurance You are required to have your own insurance. Proof of cover may be requested.

8. Check in and Boarding Please check into the Dive Centre to confirm your diving and boarding arrangements at least 45 minutes before your dive departs. You need to be ready to board the boat with your kit fully prepared at least 15 minutes before the published departure time.

9. The Diving at Work Regulations 1997 You may not appoint us or our employees as Diving Supervisors under any circumstances.

10. Data Protection Act We will keep a record of personal data that you provide to us. We will use that data for the purpose of complying with our obligations to you and communicating with you from time to time. We will only use the data for these purposes.