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TERMS AND CONDITIONS General Terms And Conditions For This Website

COURSES

BOOKING AND DEPOSITS

All bookings are subject to these terms and conditions.  All activities are subject to availability.

Scuba Shack may accept or decline bookings, and may withdraw any offer discount or promotion (including our package pricing) at any time, in our absolute discretion. Your booking shall only be accepted when Scuba Shack have received the amounts due upon booking from you, and have issued you with written acceptance of your booking.  

Once confirmed, dates are non transferable and non-refundable.

PRICING, OFFERS, DISCOUNTS AND PROMOTIONS

Price isn't everything - with Scuba Shack you know you will be diving with a professional and fully insured PADI 5* IDC Dive Centre, where we aim to deliver training and support which is second to none, enabling you to be the best diver you can be.  However, we also appreciate that price is important to you. That's why we offer package prices for certain courses, and from time to time we may offer special discounts and promotions. Each offer, discount or promotion (including our package pricing) cannot be used in conjunction with any other Scuba Shack training offer, discount, or promotion; or in conjunction with quoted price. You must identify the applicable offer, discount or promotion (including our package pricing) at the time of booking.  We may issue you with a quotation from time to time. Such quotations shall be valid for seven days unless a shorter period is specified by Scuba Shack, and shall not constitute an offer. Unless an offer, discount or promotion (including our package pricing) is claimed at the time of booking, or otherwise agreed in writing by Scuba Shack, our standard website prices as set out on the date of your booking shall apply.

COURSE COSTS

Inland dive site entry fees and transportation costs are not included in any price.

Your place on a course is only confirmed following receipt of a deposit comprising the agreed amount or 50% of the total cost of the course, or if the total course cost is less than £130 then full payment is required at booking.

What is not included in your course price will be communicated to you on booking, an example is that for any TEC Courses conducted through Scuba Shack no gas prices are included.

OWN EQUIPMENT USE

Any Diver using their own Scuba equipment must sign and confirm that they have completed a pre-dive safety check of all of their own equipment and that it has been serviced in accordance with the appropriate equipment supplier's service schedule.  Copies of the Service documentation will be required for our file records before any in water activity.

FITNESS TO DIVE

Any student/diver joining Scuba Shack for a course or Scuba Shack Dive Club for a Dive or Trip MUST complete a successful Recreational Scuba Training Council (RSTC) Medical Statement. The student (or parent/guardian) must fill in the RSTC medical statement participant record (pages one and two), writing the words 'Yes' or 'No' where indicated.

If a student provides a YES answer to any question on the RSTC Medical Statement then the student/diver CANNOT take part in any in-water activities (including pool activities) until the entire document has been reviewed and completed by a suitable physician/GP and they have been signed off as fit to dive on the RSTC Medical Statement. This RSTC Medical Statement is valid for one year unless your Medical circumstances change within that period, whereupon a new form/sign off from GP/Physician may well be required.

If the form is incorrectly filled in, then a new form must be correctly filled in, and a sign-off may be required from the physician/GP.

CERTIFICATION

No certification is guaranteed, as all courses are performance based and dependent on the student being able to prove understanding of the theory and demonstrate mastery of skills. Some students may take longer than the allocated time set for the course. Scuba Shack will do their best to ensure all courses finish on time, however due to students learning at different rates courses may overrun. We would therefore recommend that you leave yourself extra time at the end of the stated course or agreed completion schedule, in case this should be necessary.

We are committed to all of our students learning to dive and therefore we will provide whatever reasonable training is required to complete your courses/diver training at minimal extra cost. However, please note that if the course falls below the minimum of two participants and becomes one to one tuition/instruction, or falls outside the original agreed schedule, additional costs will be incurred.

TRAINING

Students agree to be present at all training sessions between the times communicated as per our learning agreement. If a student is late for the beginning of any session the course will begin in their absence and any additional training required may incur extra cost which are laid out in the Scuba Shack learning agreement. Failure to participate in pool/classroom sessions or course dives will result in additional costs. If a student does not meet performance requirements set by the training agencies during a booked course dive this will result in extra cost if another dive(s) has to be organised which are also laid out in the learning agreement.

Students under 18 years of age are required to be accompanied by a parent/guardian for all elements of the course. The parent/guardian must sign any required paperwork, and should the accompanying adult change during the course, then the new parent/guardian must sign new copies of the paperwork.

OTHER COURSE DETAILS

It is the students responsibility to make adequate travel arrangements to ensure they arrive before the course start time. This includes downloading maps of locations, checking public transport, allowing for traffic hold ups etc.

Where part of the content of a course is held outside, and for any reason (such as weather) that part of the course cannot be held, or is delayed, cut short, or changed, then Scuba Shack will not be responsible for any consequential loss or damage or expense incurred to the student.

Cost of entry into the Dive site is not part of the course fee as stated previously, this is payable on a arrival to the dive site and is paid directly to the dive site. Dive site entry fees will vary and will be communicated to you beforehand.

It is a mandatory requirement that students have their own training materials for each PADI course. These materials are included in your course fees unless otherwise stated. Please ensure you bring these materials to each session. Course materials will be sent out to you or be available for pick up by arrangement once we have received your deposit to confirm your place on your course, prior to the start of your scheduled dates.

Where applicable, please allow enough time for self-study and complete the required pre-study materials in advance of the course start date, ready for submission at the start of the course. Failure to do this may result in re-scheduling along with associated cost laid out in the Scuba Shack learning agreement.

Full payment must be received on or before the start date of the course according to the originally agreed schedule for completion. If, for whatever reason, a student is unable to complete a course within the originally agreed schedule, full payment must be received on the originally agreed date. If additional training/rescheduling is required, this will need to be discussed with Scuba Shack, but please note this may incur additional costs.

All courses must be completed within a 12 month period of starting otherwise all course fees are forfeit. Where a course has not been completed and the 12 month period has elapsed the course may be offered to the student for a reduced rate of the current course fee at the discretion of Scuba Shack.

EXCURSIONS

When booking a trip/excursion, the person booking the place is committed to pay the cost of that place. If, for whatever reason, you cannot fill a space you have previously booked, Scuba Shack will endeavor to fill that space, but if it cannot be filled then the cost remains your responsibility.

CANCELLATION

Scuba Shack reserves the right to vary or cancel at their discretion any excursion/course or related content where circumstances or conditions call for it or if if the minimum number of participants has not been met.

If an excursion (or part thereof) has been cancelled by Scuba Shack, then you will be entitled to reimbursement of the cost of the excursion (or part thereof), less any costs already incurred by Scuba Shack.

Students/divers providing notice of cancellation more than 30 days before the scheduled course start date will receive a refund, minus any costs already incurred by Scuba Shack which will include an administration cost.

Students/divers providing notice of cancellation less than 30 days before the scheduled course start date will not be entitled to any refund. A course can be rescheduled to an alternative date, but a fee may apply. This includes all courses that are partially completed.

EQUIPMENT

Students/divers renting or borrowing Scuba Shack equipment are responsible for returning that equipment in the same condition in which it was rented/borrowed. Loss, damage or theft of equipment will result in the student/diver who rented/borrowed the equipment to be FULLY liable for costs to either repair or replace the equipment.

WEBSITE

Images on this website are either the property of, or used with permission by, Scuba Shack and its affiliates. The use of these images by you is prohibited unless expressly authorised in writing by Scuba Shack. Unauthorised use of the images may violate copyright, trademark or privacy laws. Scuba Shack neither warrants nor represents that your use of materials displayed on the website will not infringe rights of third parties.

If consent has been obtained from Scuba Shack to download material from this website, such content is for one copy only, for personal use. Commercialisation, sale, or publication on your website or otherwise, is not authorised. The party downloading such material shall ensure that the copyright notice is also downloaded and not removed from the material. If no copyright notice is evident, then the downloading party shall add the following notice to the downloaded material: © Scuba Shack 2018. All rights reserved.

All information on this website, including photographs, logos, and trademarks are the property of Scuba Shack, its affiliates or subsidiaries, unless stated otherwise. Except as expressly authorised by Scuba Shack, no part of the Scuba Shack website content or any materials may be copied, photocopied, reproduced, translated, reduced to any electronic medium or machine-readable form, or retransmitted, in whole or in part. Any unauthorised reproduction in any form without the prior written consent of Scuba Shack is prohibited.

WEBSITE SALES

All sales of our goods and services are subject to the following conditions and these form the contract between you and us. Please note these conditions do not affect your statutory rights.
There is no binding agreement between you and us until it is confirmed in writing in our standard format by us. We reserve the right to accept or reject any order for any reason whatsoever.

Unless otherwise stated our prices do not include packing and delivery. VAT at the current rate is included in all prices except where stated.

Whilst every effort is made to be accurate we will not be responsible for any typographical error in our advertising material including our website.

All orders are accepted subject to the availability of goods and services. If for any reason any particular product or item is not available we shall try to offer a suitable alternative. If we cannot we reserve the right to cancel the contract and offer a refund.

We shall give you an estimated date for the delivery of the goods and services. If this date cannot be achieved we shall keep you informed of the delay and provide a new estimate of the date of delivery. Whilst every effort will be made to achieve the stated delivery date, any delay shall not give rise to a right to cancel the order or claim compensation or damages.

The risk in the goods supplied by us shall pass to you after delivery of them has taken place.

Payment for the goods and services supplied by us is due prior to delivery or immediately following submission of our invoice whichever is earlier and that date shall be the due date.

If you are an approved account holder, as notified by us to you, payment is due within thirty days of the date of the invoice and that date shall be the due date.

Time is of the essence with regard to payment of any sums due to us.

We reserve the right to cancel any contract if you fail to pay any amount due to us on the due date.

We also reserve the right to charge interest on a daily basis on overdue amounts as allowed by statute (for example the Late Payment of Commercial Debts (Interest) Act 1998) and any applicable administrative charge as allowed by statute. You will also pay us any costs or fees (including legal expenses) we incur in recovering any payment due to us from you.

We shall retain title in the goods until payment has been made to us in full. Until we have received full payment you agree to take reasonable care of the goods.

Any rejection of the goods must be notified to us by you within seven days of the date of their delivery.

We shall not be liable to you if we cannot fulfil our obligations under this contract due to some circumstance or event outside of our control, such as an Act of God, war, riot, fire etc.

It is agreed that the Contract (Rights of Third Parties) Act 1999 (or any repealing measure) shall not apply to this agreement and nothing in this agreement is intended to confer any benefit upon or create rights in favour of any party other than you and us.

Our liability for negligence for death or personal injury shall be unlimited as required by law. We shall have no liability for any other kind of consequential loss or damage and in any other case our liability shall be limited.

If you order other services then these orders shall be governed by our supplementary terms of business and those terms will control the performance of all field services.

If you are a consumer, you should be aware of your rights under the Distance Contracts Regulations 2000 (or any amending provisions). These state, amongst other things, that you have the right to cancel the contract for any reason within seven days of delivery of the goods. If you wish to cancel, please notify us in writing to our address. You will then be refunded within thirty days and may return the goods to us, although this will be at your cost and if we have to collect them we may deduct the collection costs from the refund paid to you. During the period that you retain the goods until they are returned to us, you must take reasonable care of them to prevent damage.

This guarantee does not affect your statutory rights.

 

Data Protection Policy

Scuba Shack

Last updated

 16/05/2018

Definitions

Company

Scuba Shack

GDPR

the General Data Protection Regulation.

Responsible Person

Philip Jones(Manager)

 

 

 

 

1. Data protection principles

The Company is committed to processing data in accordance with its responsibilities under the GDPR.

Article 5 of the GDPR requires that personal data shall be:

  1. processed lawfully, fairly and in a transparent manner in relation to individuals;
  2. collected for specified, explicit and legitimate purposes and not further processed in a manner that is incompatible with those purposes; further processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes shall not be considered to be incompatible with the initial purposes;
  3. adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed;
  4. accurate and, where necessary, kept up to date; every reasonable step must be taken to ensure that personal data that are inaccurate, having regard to the purposes for which they are processed, are erased or rectified without delay;
  5. kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the personal data are processed; personal data may be stored for longer periods insofar as the personal data will be processed solely for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes subject to implementation of the appropriate technical and organisational measures required by the GDPR in order to safeguard the rights and freedoms of individuals; and
  6. processed in a manner that ensures appropriate security of the personal data, including protection against unauthorised or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organisational measures.”

 

2. General provisions

  1. This policy applies to all personal data processed by the Company.
  2. The Responsible Person shall take responsibility for the Company’s ongoing compliance with this policy.
  3. This policy shall be reviewed at least annually.

 

3. Lawful, fair and transparent processing

  1. To ensure its processing of data is lawful, fair and transparent, the Company shall maintain an up-to-date privacy policy.
  2. The privacy policy shall be reviewed at least annually.
  3. Individuals have the right to access their personal data and any such requests made to the charity shall be dealt with in a timely manner.

 

4. Lawful purposes

  1. All data processed by the charity must be done on one of the following lawful bases: consent, contract, legal obligation, vital interests, public task or legitimate interests (see ICO guidance for more information).
  2. The Company shall note the appropriate lawful basis in the Register of Systems.
  3. Where consent is relied upon as a lawful basis for processing data, evidence of opt-in  consent shall be kept with the personal data.
  4. Where communications are sent to individuals based on their consent, the option for the individual to revoke their consent should be clearly available and systems should be in place to ensure such revocation is reflected accurately in the Company’s systems. 

 

5. Data minimisation

  1. The Company shall ensure that personal data are adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed.

 

6. Accuracy

  1. The Company shall take reasonable steps to ensure personal data is accurate.
  2. Where necessary for the lawful basis on which data is processed, steps shall be put in place to ensure that personal data is kept up to date.

 

7. Archiving / removal

  1. To ensure that personal data is kept for no longer than necessary, the Company shall put in place an archiving policy for each area in which personal data is processed and review this process annually.
  2. The archiving policy shall consider what data should/must be retained, for how long, and why.

 

8. Security

  1. The Company shall ensure that personal data is stored securely using modern software that is kept-up-to-date. 
  2. Access to personal data shall be limited to personnel who need access and appropriate security should be in place to avoid unauthorised sharing of information.
  3. When personal data is deleted this should be done safely such that the data is irrecoverable.
  4. Appropriate back-up and disaster recovery solutions shall be in place.

 

9. Breach

In the event of a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, personal data, the Company shall promptly assess the risk to people’s rights and freedoms and if appropriate report this breach to the ICO (more information on the ICO website).