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Terms of Use – Terms and Conditions

Please carefully read our General Booking, Cancellation, Payment and other Terms, these could be used for a ‘general’ dive centre

1. Definitions
[Your Dive Company] shall be construed to comprise “the Company”, as well as all their affiliates, officers, agents, employees, workers, directors and representatives.

2. General Booking
2.1 All customers must show proof of diving certification from either PADI, SSI, CMAS, or equivalent certifying organisations, and be able to produce a valid accompanying log book.
2.2 All customers must complete and sign a Liability Release and Assumption of Risk Form.
2.3 The Company is not permitted to dispense any medical advice. If you are unsure of a medical matter related to diving or otherwise, please seek advice from a certified Medical
Practitioner before engaging in scuba diving or similar acitivities.
2.4 Upon signing up for any diving course, irrespective of previous experience or training, the Company requires each student to complete a Medical Questionnaire.
2.5 The maximum depth permitted on all Company vessels is 30 metres, 99 feet for Open Water Divers with the Deep Adventure Dive certification, Advanced Divers, Rescue Divers,
Divemasters and Instructors. Open Water Divers without any additional Deep training will not be permitted to dive deeper than 18 metres, 59 feet.
2.6 Technical diving limits are governed by the maximum depth permitted by the gas mix being used, and in accordance with the standards and practices of the Technical Diving Association, and/or other technical diving organisations.
2.7 The Company reserves the right to modify and/or cancel diving arrangements for the reasons listed, but not limited to, those below:
2.7.1 the remoteness or inaccessability of a diving destination;
2.7.2 local custom, war, political unrest and other hostilities (regardless of whether war is declared);
2.7.3 Acts of God (including fire, flood, earthquake, storm, hurricane or other natural disaster); and
2.7.4 other ensuing technical difficulties.
No refund shall be issued for any modification or cancellation resultant from such events.
2.8 Customers or students who fail to participate in any dives on a trip, or any course training dives, for whatever reason, shall not be reimbursed by the Company for any unused or incompleted portion(s) of the trip or course.
2.9 All cabins shall be shared, a single compartment is only available if customers request a private cabin.

3. Insurance
3.1 Customers are strongly advised to secure appropriate travel insurance, with a reputable insurance provider, and applicable to the activities they will be undertaking. Such insurance should provide comprehensive coverage of at least the following; Diving, Medical, Travel, Personal Liability and Cancellation provisions. The Company shall not be held responsible for any resultant financial or personal loss or injury where customers choose not to secure such insurance.
3.2 The Company shall not accept any liability for the loss or damage of any luggage or dive equipment whilst on board the boat, nor during the transfer(s) to or from the boat.
3.3 While the Company’s own insurance policy covers both local emergency evacuations and limited treatment(s) in case of diving accidents, it does not cover repatriation, international transportation or familial visitation expenses.

4. Price and Payment
4.1 A 3 % fee shall be applicable for all payments via credit card (VISA or Master Card).
4.2 The number of dives in any package is an estimate based on usual diving circumstances, and not a guarantee. Where circumstances arise, such as, but not limited to; adverse weather conditions, personal illness, technical difficulties, dive site remoteness/inaccessability or personal choice, and cause a reduction in this estimated number, there will be no partial refund in such circumstances.

5. Customer’s Obligations
5.1 Where the customer is negligent or irresponsible, and causes any damage to, or loss of property and equipment belonging to the Company, the customer shall recompense the Company in full, to the current market value of any loss or damage.
5.2 The customer undertakes to be physically, emotionally and mentally prepared and fit to participate in the activities they have signed up for. Any resultant injury or discomfort borne out of any unfitness shall not provide any ground for complaint or refund.
5.3 Daytrips – The Client may prohibit an individual’s participation on a dive(s), where they are physically, mentally or emotionally unfit to dive, demonstrate a distinct lack of respect for National Marine Park rules and regulations, handle or harm marine life, consume alcohol between dives, or fail to abide by general international safe diving standards and practices.

6. Force Majeure
6.1 The Company reserves the right to modify, delay and/or cancel diving arrangements where the remoteness or inaccessability of the diving destination, local custom, Acts of Nature as well as war, political unrest and other hostilities or other technical difficulties cause the arrangements to become unsafe, perillous and/ or impracticable.
6.2 Where adverse weather conditions prevail, making it dangerous or inadvisable for customers or the boat to land on and enter port, the Captain shall reserve the right to delay or postpone sailing until more favourable conditions prevail. This may involve an adjustment to the itinerary, which may result in a cancellation of landing in a certain port, and / or the re-sequencing of island visits.

7. Cancellation
7.1 The Company will refund all monies paid by the customer where the Company itself cancels a trip or course, other than for reasons set out above; the Company shall not accept any financial responsibility for any itinerary changes or cancellations resulting from circumstances outside of the Company’s control, such as, but not limited to, those stated above. In the case of a refund, bank transfer fees will be deducted from the refund.
7.2 If a customer requires emergency evacuation and the boat must return to land, the Company shall not accept any financial responsibility for any ensuing itinerary changes.
7.3 A 30% deposit must be paid on on the net published selling price of each course or trip before the booking can be fully confirmed.
7.4 This deposit is non-refundable where a cancellation is made less than 24 hours before the time the trip or course is due to depart.
7.5 The outstanding 70% must be paid in full to the Company before the time the trip or course is due to commence. The outstanding amount will also be non-refundable where a cancellation is made less than 24 hours before the time the trip is due to depart, or the customer is a no-show on the day.
7.6 Where a cancellation is made more than 24 hours before the time the trip is due to depart, the deposit is still non-refundable but the Company may refund the outstanding 70%, if already paid.

8. Discounts
8.1 Discounts to be applied by the Company & the Client:
8.1.1 3 days’ Day Trip diving ON ONE BOOKING FORM: – 5 % on the net price
8.1.2 5 days’ Day Trip diving ON ONE BOOKING FORM: – 10 % on the net price
8.1.3 DM and INSTRUCTOR in Teaching Status: – 10 % on the net price
8.1.4 Returning costumers: – 5 % on the net price
8.2 THERE SHALL BE ONLY ONE DISCOUNT PER COSTUMER – DISCOUNTS CAN NOT BE COMBINED
8.3 In the case of full or partial own equipment, the discounts listed below apply:
Full Set of Equipment Full Price as per current price list
Mask 10%
Fins 10%
Wetsuit 20%
Regulator 30%
BCD 30%

9. Severability
9.1 The failure by either party to enforce one or more of the provisions in this agreement, because of the illegality, invalidity or unenforceability of that provision(s), shall not affect the validity or enforceability of any other provision in the Agreement.

10. Assignment
10.1 The customer shall not assign any of its responsibilities or obligations, or delegate any of its duties under this agreement without express written permission by the Company.

11. Waiver
11.1 The failure by either party to perform one or more of its obligations contained in this agreement, shall not be taken as a waiver of its contractual performance of any other obligation(s) in the agreement.

12. Entire Agreement
12.1 This agreement contains all the rights and obligations of both parties relating to the subject matter, and no other arrangements, agreements or undertakings shall be granted or implied from this agreement.

13. No Third Parties
13.1 Nothing in this agreement shall expressly or impliedly confer rights on any third party.

14. Governing Law
14.1 This contract shall be governed by, construed, and enforced in accordance with the laws of the country. Where any question or issue should arise under the agreement or any of its provisions, it shall be decided only in the courts or tribunals of your country to the exclusion of any other courts or tribunals.

Signed:

Date:

Look at our sample Dive Centre Agency Contract / Agreement or our sample Liability Release Form for Liveaboard diving