Yes we hate the small print as well but our relationship with our customers is important. We believe it’s vital that we all know where we stand.
The following are the terms of trade (‘Terms’) of Sunshine Coast Training Centre Pty Ltd ABN 77 844 835 517 trading as Scuba World.
By making a reservation with Scuba World you acknowledge that you have read and agree to be bound by these Terms.
Scuba World reserves the right to add, withdraw, substitute and/or vary advertised routes, prices and departure times (‘Arrangements’) for a Dive or a Gift Certificate, without notice. However, reasonable effort will be made to maintain Arrangements as advertised.
2. Check-in for the Dive
All participants (‘Divers’) on a dive with Scuba World are required to arrive and check in at Scuba World at the allocated time printed on their Scuba World itinerary form. If Diver tries to check in later than this time Scuba World may at its discretion refuse participation, without refund.
3. Requirements to participate
3.1 Divers must hold a valid Proof of Purchase. Entry may be refused if the Proof of Purchase is damaged or defaced in any way, or was not purchased from an authorised point of sale. Should a dispute arise over the validity of a Proof of Purchase, Scuba World reserves the right to refuse participation in a dive, unless Diver is able to show proof of their identity.
3.2 Divers must be 14 years of age and over, be of sound mind and be in good health. Divers may be required to undergo a test to assess whether they are capable of completing a Dive. Every diver under the age of 18 must be accompanied by one paying adult Diver.
3.3 All Divers will be required to sign a Diver Record Form. The Form includes but is not limited to statements that Diver has read and understood Scuba Worlds health and safety information, which sets out, among other things, the conditions under which Diver should not participate in a Dive. Diver enters Scuba World premises and participates in a Dive at their own risk.
3.4 Scuba World reserves the right to perform a breath test on all Divers. Divers will be refused participation in a Dive, without refund if their blood alcohol concentration is 0.01% or greater, if they refuse to be breath-tested or if they are under the influence of drugs (legal or illegal).
4. Refusal of participation
Scuba World reserves the right to refuse any person, for whatever reason, participation in a Dive, at Scuba Worlds absolute discretion, whether or not that person has already purchased a Dive. Scuba World will reimburse the price paid for a Dive if a person is refused participation for any reason other than as set out above, or other than by reason of breach of clause 5.4 below.
5. During the dive
5.1 Scuba World will supply Divers equipment (if paid for this option) for use during a Dive.
5.2 Divers may take their own glasses (sun or prescription) on a Dive at their own risk, provided that these glasses are securely attached. At Scuba Worls discretion, essential medication (e.g. sea sickness tablets, dry ear drops) may be taken on a Dive. While this will be monitored by the Dive Leader, neither Scuba World nor the Dive Leader shall be responsible for the medication or the administering thereof.
Divers will be provided with a locker for storage of personal belongings. To ensure that unauthorised items are not carried onto the Dive Vessel.
5.4 All Divers must obey the directions and instructions of Scuba World’s Dive Leaders, must not disturb other Divers or interfere with the Dive Leader’s ability to conduct the Dive in a safe and secure manner, and must not damage, deface or remove any part of the Dive Vessel or any of the equipment supplied for use on a Dive. Scuba World retains the right to remove from a Dive any Climber who does not comply with these Terms, without refund.
6. Miscellaneous Terms
6.1 Photographs purchased from or supplied by Scuba World remain copyright to Scuba World, and may only be used or reproduced by the purchaser or recipient for private or domestic purposes, and must not be used for any commercial purpose (including promotion of any supplier or any supplier’s products or services) without Scuba World prior written permission.
6.2 Scuba World has the authority to use and reproduce any photograph taken of Diver for any purpose, without prior notice or payment of compensation to Diver.
6.3 Smoking is not permitted on Scuba World’s Dive Vessel or in or around Scuba World’s premises.
6.5 Scuba World reserves the right to inspect any bag or container brought onto Scuba World premises.
7. Terms of payment
7.1 The purchase of a Dive with Scuba World is non-refundable, non-transferable and specific to the Dive printed on the Scuba World Itinerary. Dives and Gift Certificates, and rights or entitlements to Dives and Gift Certificates or to purchase Dives and Gift Certificates, must not be offered as prizes, offered for sale or resale, or resold or used for any commercial purpose (including, without limitation, promotion of any supplier or any supplier’s products or services) without Scuba World’s prior written consent. If Scuba World reasonably believes that any other activities have occurred without such consent, the holder of a reservation or Gift Certificate may be refused participation in a Dive, without payment of any compensation whatsoever.
7.2 Reserved Dive times can only be changed up to seven days before the original Dive date, and changed only by time or date to another available time or date. Reduction in the number of Divers or changes to the identity of Dives is not permitted. Scuba World reserves the right to charge fees on the purchase of Dives, on changes to reservations and on Gift Certificates purchased.
7.3 All Dives must be paid for at the time of making the reservation unless otherwise agreed by Scuba World in advance, and then only after filling out a credit application form. Payment for sales on credit must be made 7 days from the date of invoice. Scuba World reserves the right to cancel reservations that are not paid for within these credit terms.
8. Cancellation and refunds
8.1 Dives will not proceed should Scuba World decide in its absolute discretion, whether for safety reasons or otherwise, to cancel a Dive.
8.2 Should a Dive not proceed, Divers will be rescheduled at their convenience, be issued with a refund voucher in the case of purchases bought through a third party reselling Dives (‘Reseller’) or be reimbursed the price paid for a Dive, but otherwise shall have no claim whatsoever (including no claim for travel expenses or any other out-of-pocket expenses) relating to the cancellation of a Dive. The Reseller will make all reimbursements to the Diver.
8.3 Dives and Gift Certificates are not refundable, except in accordance with these Terms or as agreed in writing by Scuba World. Refunds, when permitted, will only be made to the person or Reseller who purchased the Dives from Scuba World.
9. Scuba World’s liability
9.1 Nothing in these Terms excludes, restricts or modifies any condition, warranty, right or remedy, implied or imposed by any statute or regulation that cannot lawfully be excluded, restricted or modified, which may include Part V of the Trade Practices Act 1974 (Cth) and corresponding provisions of State or Territory legislation containing implied terms and warranties that operate to protect the purchasers of goods and services in various circumstances. Subject to the last sentence, all express or implied representations, conditions, warranties and provisions, whether based in statute, common law or otherwise, relating to provision of products and services pursuant to or as contemplated by these Terms that are not contained in these Terms, are excluded to the extent permitted by law.
9.2 If any condition or warranty is implied into these Terms under the Trade Practices Act 1974 (Cth) or any equivalent State or Territory legislation and cannot be excluded, and Scuba World is able to limit remedy for a breach of such a condition or warranty, the liability of Scuba World for breach of that condition or warranty is limited, at Scuba World absolute discretion, to one or more of the following: in the case of products, to replace the products, supply equivalent products or repair the products, to pay the cost of replacing the products or of acquiring equivalent products, or to pay the cost of having the goods repaired; and in the case of services, to supply the services again or to pay the cost of having the services supplied again. This clause 9.2 is subject to clause 9.3.
9.3 Section 68B of the Trade Practices Act 1974 (Cth) in certain circumstances permits a term of a contract for the supply by a corporation of recreational services to limit liability of the supplier pursuant to section 74 of that Act for death or personal injury relating to that supply. To the extent permitted by section 68B, Scuba World limits its liability for death or personal injury relating to the supply of recreational services to A$100,000 per occurrence.
9.4 Subject to clauses 9.1, 9.2 and 9.3 and to the extent permitted by law, Scuba World excludes liability and will not be responsible for loss or damage arising from: Climber’s failure to obey Scuba World’s safety directions or instructions; any pre-existing medical or psychological condition; any negligent act or omission of Scuba World or any person for whom Scuba World is responsible; any delay in a scheduled Climb taking place; and any loss of or damage to valuables or luggage placed in Scuba World lockers and storage space.
9.5 Subject to clauses 9.1, 9.2, 9.3 and 9.4, and to the extent permitted by law, Climber releases and discharges Scuba World and the Roads and Traffic Authority from any claim, action, demand or proceeding (including those arising from negligence, to the extent permitted by law) relating to or arising from participation in a Climb.
When Reseller enters into a sale, reservation or any other transaction, the Reseller shall indemnify Scuba World for any loss, damage or expense incurred by Scuba World as a result of any misrepresentation, breach of contract by or act of negligence of the Reseller.
11. Gift Certificates
11.1 Gift Certificates are sold for a specific product or a range of alternative products. Gift Certificates are non-refundable, but are transferable.
11.2 Scuba World reserves the right to discontinue any product that may be acquired with a valid Gift Certificate, but agrees to substitute the discontinued product with any other item to the same value.
11.3 A Gift Certificate must be redeemed within 3 months of the date of purchase and a Dive must take place within the 6 months.
12. Governing Law
These Terms are governed by the laws of Queensland, Australia. Scuba World and each purchaser and Diver submit to the non-exclusive jurisdiction of the Courts of Queensland in respect of these Terms and any dispute between them.