Version 5.0 May 2021
The following terms and conditions set out the basis on which all training courses are sold and delivered by ScubaQuest Ltd (“We”) to the purchaser, ("You", "Your"), by telephone, email or in person at the ScubaQuest Ltd Dive Centre located at the National Diving & Activity Centre.
These terms and conditions and any order form or payment instructions comprise the whole agreement between you and ScubaQuest Ltd in relation to each course booking we accept from you and exclude all other terms and conditions. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty which is not set out in these terms and conditions. No variation to these terms and conditions shall be effective unless signed in writing by ScubaQuest Ltd. Nothing in these terms or conditions affects your statutory rights, or excludes or limits liability to a greater extent than permitted by applicable law.
By making a booking over the telephone, by e-mail or in person, you agree to be bound by these terms and conditions.
All bookings are subject to these terms and conditions. All activities are subject to availability. ScubaQuest Ltd may accept or decline bookings, and may withdraw any offer or promotion, including packaged pricing, at any time, in our absolute discretion. Your booking shall only be accepted when ScubaQuest Ltd have received the amounts due upon booking from you, and have issued you with a written acceptance of your booking.
A specified, non-refundable minimum deposit of 50% of the course fee or the full course fee, if less than £200, will be required to be paid by each person enrolling on the course in order to reserve a place on that course. A separate payment is required for each individual course, if more than one course is booked at the same time. The outstanding balance of any course will be payable no later than 14 days prior to the commencement of the course. This is required to allow the student sufficient time to make themselves familiar with the ScubaQuest Ltd Health & Safety documentation. Should the full balance not be paid by this date, ScubaQuest reserve the right to re-sell the course to another customer. A course booked within two weeks of the course commencement will require the full payment to be made.
As part of the pre-booking process ScubaQuest Ltd will send the relevant Student Medical Questionnaire. This should be studied carefully so that the prospective student is satisfied that they are fit to dive prior to paying the course deposit. In some cases this might require a signed Fit to Dive Statement from a doctor. Failure to comply with this requirement could result in non-participation of the booked course with the subsequent loss of any fees paid and the possible liability for any outstanding balances.
Inland dive site entry fees, boat fees, accommodation, subsistence and transportation costs are not included in any course offering unless otherwise stated.
Any cancellations made by the customer must be submitted in writing and in such cases the following charges will apply:
Cancellation related to illness or injury may be considered for either a refund, not including the deposit, or the offer of a place on a future course at the discretion of ScubaQuest Ltd. Any such request must be in writing, accompanied by a medical certificate confirming the individual’s inability to undertake scuba diver training at that time.
Whilst every attempt is made to ensure that courses run as advertised and agreed with you, ScubaQuest Ltd reserve the right to vary the course date[s] or cancel any course should it become necessary due to dangerous and/or unsuitable diving conditions. In this instance alternative arrangements will be made and a refund will not be offered.
If the weather or any other circumstances beyond the control of ScubaQuest Ltd cause the course to be delayed, changed or cancelled, no liability can be accepted by ScubaQuest Ltd for consequential loss, damage or any expense incurred.
In the most unlikely event of cancellation by ScubaQuest Ltd, payments will be refunded for the parts of the course not taken or alternative course dates offered.
ScubaQuest Ltd reserve the right to cancel your booking with immediate effect and without refund if you fail to complete any required documentation, if it comes to light that information that you provided is incorrect or you have failed to disclose a known medical condition, if you fail to comply with the reasonable instructions of ScubaQuest Ltd including without limitation those relating to safety, or any act in a manner which may compromise the health and safety of yourself and others.
Students using ScubaQuest Ltd equipment for any course are responsible for the condition of the equipment and will be charged for any loss or damage howsoever caused.
Students using their own equipment will be required to sign and confirm that it has been serviced in accordance with the appropriate supplier’s service schedule and that any gas cylinders have been tested in line with the statutory requirements.
ScubaQuest Ltd cannot be held responsible for damage to or loss of any personal equipment caused prior to, during or after any diving activities.
Students may not commence on a course or participate in diving activities without a satisfactorily completed medical statement and the relevant understanding and assumption of risk statement. Any delays caused to the course by failure to complete these administrative and medical requirements will be chargeable at the repeat session rate for the specific course.
ScubaQuest Ltd Diving Operations are governed by the HSE Diving at Work Regulations 1997 and associated Approved Code of Practice. In order to comply with this legislation ScubaQuest Ltd has developed a comprehensive Dive Operations Safety Management System. It is the responsibility of all course participants to comply with both the HSE legislation and the ScubaQuest Dive Operations Safety Management System where this applies to them as individuals. Where the Project Supervisor finds that a student is being disruptive or jeopardising the safety of others, then that individual will be withdrawn from the course.
The following documents will be sent to all students who are confirmed participants on a scheduled course when full payment has been received. These documents will be received no later than 7 days prior to the commencement of the course. It is the responsibility of the course participant to make themselves familiar with the contents of these documents paying particular attention to the safety information.
Any non-attendance of scheduled sessions will be charged at the repeat session rate. Where attendance at a session is necessary in order to progress to subsequent sessions multiple repeat session charges may be incurred. These will be arranged on a case by case basis.
Any missed sessions will be rescheduled at the convenience of ScubaQuest Ltd so as not to compromise student safety and enjoyment.
If the student arrives at class, but has failed to complete the required assigned work, or if the student fails to arrive on time, it may be necessary to continue the class at a later date. The student will be responsible for any additional costs and/or inconvenience this causes. In scheduling and determining additional costs, ScubaQuest Ltd agrees to give every reasonable consideration to unforeseen events that led to this situation.
If students fail to meet the performance requirements on any dive or knowledge development session, at the sole discretion of the Project Supervisor/Instructor, ScubaQuest Ltd reserves the right to charge for repeating that dive or session. The fee charged for this will be based on the repeat session rate for the specific repeated session and therefore arranged on a case by case basis.
Any charges incurred during the course will result in suspension of training or the withholding of certification until paid in full.
ScubaQuest Ltd reserves the right to charge an administration fee for any amendments to scheduled sessions on a booked course that are requested by the customer. This fee may be charged in addition to a missed session fee at the discretion of ScubaQuest Ltd.
Any refunds will be made solely at the discretion of ScubaQuest Ltd and may incur an administrative charge.
At the time of booking students will be informed of the requirements of that course. On commencement of the course an induction will be given to the specific course and the requirements reiterated.
All courses must be commenced within 12 months of the booking unless by prior agreement of ScubaQuest Ltd, courses which have not commenced within 12 months of booking will forfeit any fees paid.
Course students agree to abide by the rules and decisions of ScubaQuest Ltd in all diver-training matters.
These terms and conditions, their subject matter and its formation, are governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction in relation to any dispute or claim concerning these terms and conditions or their subject matter or formation, including non-contractual disputes or claims.
Should we update, amend or make any changes to this document, those changes will be prominently posted here.
• Version 5.0 Online Version Created 13 May 2021 (First online version)