Terms and Conditions

SPORTY’S SCUBA DIVING are not required to provide a refund or replacement due to change of mind. Sale items or discounted products are not available for exchange, refund or rescheduling.

If the minimum numbers for a dive trip or course have not been met or conditions are not suitable for diving and SPORTY’S SCUBA DIVING  decides to cancel, you will be entitled to a credit or full refund. Dives will not be cancelled simply because it is raining. Cancellations will occur if the sea conditions are not suitable e.g. too rough, too windy, very low visibility. If you believe the weather is looking unfavourable we suggest you call us at the shop 72 hours ahead to check the conditions.

Dive Trips:
• Transfers and cancellations are possible without penalty 72 hours outside the scheduled dive trip.
• If you wish to transfer your booking within 72 hours from your scheduled dive trip you will incur a 50% transfer/administration fee plus a $20 re-booking fee.
• If you cancel your booking within 72 hours from your scheduled dive trip you will forfeit the full cost of the trip. Refunds are not possible within 72 hours.

Dive Courses:
• Transfers and cancellations are possible without penalty 14 days outside the scheduled dive course.
• If you wish to transfer your booking within 14 days from your scheduled dive course or fail to complete the required online study prior to course commencement you will incur a 50% transfer/administration fee plus a $20 re-booking fee.
• If you cancel your booking within 14 days from your scheduled dive course or fail to attend you will forfeit the full cost of the course. Refunds are not possible within 14 days.
• All dive courses must be completed within 180 days of the original scheduled start date.

Products:
• Refunds are only available for faulty items.
• Exchanges are available for new items or store credit within 28 days of purchase.
• Exchanges will only be accepted if the product is in saleable condition including the original packaging returned with proof of purchase.
• SPORTY’S SCUBA DIVING reserves the right to refuse a return if the product is used, damaged or is missing parts.

Gift Vouchers and Credit Notes:
• Must be redeemed within 180 days of the issue date.
• Not exchangeable for cash.

Liability and Assumption of Risk

To be signed prior to all diving with SPORTY’S SCUBA DIVING,

I HEREBY acknowledge that SNORKELING/SCUBA DIVING IS A POTENTIALLY DANGEROUS ACTIVITY and involves the risk of serious injury and/or death and/or property damage. I FURTHER ACKNOWLEDGE that diving with compressed air involves certain risks and injuries that can occur which require treatment in a recompression chamber or other facility which may require a great distance of travel. I UNDERSTAND that the open water diving trips which are necessary for training and certification or for other diving activities may be conducted at a site that is remote, either by time or distance or both, from a recompression chamber or medical facilities.

HEREBY RELEASE, WAIVE, DISCHARGE AND AGREE NOT TO SUE Scuba Schools International, the above dive business, its facility, the dive leader, or any of its officers, instructors, agents or employees (the Releasees) FROM ALL LIABILITY TO MYSELF, my personal representatives, assigns, heirs, and next of kin FOR ANY AND ALL LOSS OR DAMAGE, AND ANY CLAIM OR DEMANDS THEREFOR ON ACCOUNT OF INJURY TO MY PERSON OR PROPERTY OR RESULTING IN MY DEATH, NOW AND FOREVER, ARISING OUT OF OR RELATED TO PARTICIPATION AND/OR INSTRUCTION IN SAID COURSE, ACTIVITIES, OR ANY OTHER RELATED DIVING OPERATIONS THAT MAY OCCUR, WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE.

HEREBY ASSUME FULL RESPONSIBILITY FOR ANY RISK OF BODILY INJURY, DEATH OR PROPERTY DAMAGE, now and forever, arising out of or related to participation and/or instruction in said course, activities, or any other related diving operations, whether foreseen or unfore- seen and whether caused by the negligence of the Releasees or otherwise, I HEREBY SEPARATELY agree to INDEMNIFY and SAVE and HOLD HARMLESS the Releasees from any loss, liability, damage or cost that they may incur, now and forever, arising out of or related to participation and/or instruction in said course, activities, or any other related diving operations, whether caused by the negligence of the Releasees or otherwise.

HEREBY acknowledge that INJURIES RECEIVED MAY BE COMPOUNDED OR INCREASED BY NEGLIGENT RESCUE OPERATIONS OR PROCEDURES OF THE RELEASEES and agree that this Waiver and Release of Liability, Assumption of Risk and Indemnity Agreement extends to all acts of negligence by Releasees, INCLUDING NEGLIGENT RESCUE OPERATIONS and is intended to be as broad and inclusive as permitted by the laws of the Province or State in which the activities are conducted and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.

I have read this Waiver and Release of Liability, Assumption of Risk and Indemnity Agreement, fully understand its terms, understand that I have given up substantial rights by signing it, am aware of its legal consequences, and have signed it freely and voluntarily without any inducement, assurance, or guarantee being made to me and intend my signature to be a complete and unconditional release of all liability to the greatest extent allowed by law. I have had the opportunity to personally discuss with the dive leader the potential dangers incidental to engaging in the course and/or activity of snorkeling or scuba diving and related diving operations.

NOTE: This Waiver and Release of Liability, Assumption of Risk and Indemnity Agreement is to be signed by the minor child as a participant, as well as by one or both parents or the guardian.

 

If you have any questions on the above information please call us on 07 5531 6511 or email to inf0@sportysdivings.com.au.