Dive Course & activity Bookings
Scuba Culture Pty Ltd provides the website for you to find information about, and book directly with the Dive Course provider and/or activity operator (Operator). Scuba Culture Pty Ltd is not the “Operator”. Scuba Culture Pty Ltd simply acts as a booking service for the “Operator”. You agree to use the Website and the Services for this purpose only.
The sport of scuba diving carries an element of risk which can result in injury or death, therefore persons under 18 years of age are not permitted to make dive course bookings. Therefore you hereby acknowledge that you are 18 years of age or over.
All dive courses and activities are offered by operators subject to availability. Bookings should be made well in advance. If you would like to book during peak times (such as weekends or holidays), you should book further in advance.
Bookings are not finalised until you have received an email from the operator confirming your booking.
When you make a dive course/activity booking and it is confirmed with you, you form a binding contract directly with the Operator. Please ensure you only make bookings that you intend to use and pay for.
Scuba Culture Pty Ltd is not a party to any agreement or transaction between you and the Operator, including any booking for dive courses, activities or other products or services made using the website. Accordingly, you agree that Scuba Culture Pty is not liable or to be involved in any dispute or in the resolution of disputes that may arise between you and the Operator as a result of the Services provided.
For specific Terms and Conditions relating to any dive courses/activities please refer to individual “Terms and Conditions” for that particular course as stipulated at “Step 3” on the “Booking Details form” page prior to submitting payment for your desired course.
To the best of our knowledge the information provided on this website is accurate and current at the time of writing. However we do not make any representation or warranty as to the accuracy or completeness of the information.
By placing your booking and using the scubaculture.com.au service, you acknowledge that you have read and understood these terms and conditions and agree to be bound by these terms and conditions.
SCUBA DIVING/IN WATER ACTIVITIES
Scuba diving is an adventure sport and can be considered dangerous. Prior to making a booking, you should be aware of the risks involved. Please contact the operator directly if you are unsure or need further information.
The operator warrants that they maintain appropriate public liability insurance for all risks associated with its business and operations. Scuba Culture make no warranty or representation about their business or services whatsoever.
You further acknowledge and agree that scubaculture.com.au will not be liable to you or any other person for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for product liability, personal injury or negligence resulting from use or misuse of goods or services supplied to you, or on behalf of you, through this website.
You agree that any such access or use of scubaculture.com.au is undertaken at your own risk. If you do not agree to these terms and conditions please exit this site immediately. These terms and conditions are subject to change at any time without prior notice.
Participant Responsibilities
Health and Fitness:
Participants must declare any medical conditions, disabilities, or other factors that may affect their ability to safely participate in diving activities. Please check with the operator.
Certification Requirements:
Participants must meet the prerequisites specified by the relevant Scuba Diving Certification agency (SSI, PADI, RAID, etc) for the dive course or training program that has been booked with the operator.
Behaviour and Safety:
Participants must adhere to safety guidelines, instructions provided by the Operator/Dive Centre staff, and respect other participants and marine life during the dive course or activity.
It is your responsibility to understand any restrictions or requirements prior to confirming your booking. If you are later forced to cancel due to participant responsibilities or restrictions, you may be liable for charges by the provider of your dive course/activity or forfeit the booking all together.
Cancellations, Changes and Refunds
The operator will be the first point of contact for dispute management, refunds, cancellations, returns and customer support as they relate to your use of our website.
Cancellations by the Operator
- Operators reserve the right to cancel any dive course, activity or service as a result of health & safety concerns, weather conditions, insufficient numbers of people on the courses/trips or any other unforeseen event or circumstance.
- Scuba Culture and the operator will not reimburse any travel, accommodation or other expenses incurred by you or any other person in the event of a cancellation.
- Scuba Diving is weather dependent. Factors such as tides, wind and rain fall may affect your booking. If the weather affects your booking, you will be offered alternative times and or dates to reschedule.
Cancellations by you the Customer
The availability and costs of cancellations, changes and refunds depend on Operators’ own terms and conditions and policies. When you make a booking you agree to be bound by the relevant Operator’s terms and conditions.
- If you want to cancel your booking you will need to contact the operator directly (the phone number will be on your booking confirmation email) and check with them if you are able to cancel.
- Refunds are at the discretion of the operator. Please check their terms and conditions.
- the operator will refund your credit card the value of the amount approved by the operator less any applicable fees.
- In the event where an operator approves a refund, refunds will be processed using the same method as the original payment, unless otherwise agreed upon less any applicable fees.
- Scuba Culture and the operator will not reimburse any travelling, accommodation or other expenses incurred by you or any other person in the event of a cancellation.
Links
scubaculture.com.au contains links to external websites that are not managed by us. Therefore we can not make any endorsements, or representation as to the accuracy of information contained within these websites. These links are provided for your ease of convenience and therefore:
- we can not take any responsibility or liability for information contained on those websites; Scuba Culture simply acts as a booking service for the third party.
- you access and use the products and services made available at those sites solely at your own risk.
- you acknowledge that these links do not indicate that we endorse the site or the products or services that they provide
Liability
Nothing in these terms excludes, restricts or modifies any guarantee, right or remedy that under law cannot be excluded, modified or restricted such as your statutory consumer guarantee rights, including under the Australian Consumer Law
Subject to such legislation, Scuba Culture has:
- No liability for any loss or damage occasioned by any negligent act or omission of any operator or other third party.
- No liability for any act, omission or default, whether negligent or otherwise of any experience provider or third party.