+353 (0) 85 725 7260

TERMS AND CONDITIONS General Terms And Conditions For This Website

CONTENTS:

1. Course Bookings
2. Dive Trips Bookings
3. Merchandise 
4. Gift Cards
5. Other 

Hello, and welcome to our Terms and Conditions of Use. This is important and affects your legal rights, so please read them and our other terms referenced in this document carefully

The following terms and conditions set out the basis on which all training, courses, dive bookings, merchandise and services sale are sold and/or made by Dive Academy (trading as Dive Centre, Dive School, The Diving centre and Dive Shop Online), ("We", "Us", "Our", "The Company"), to and/or with the purchaser, ("You", "Your"), from our websites ("the Site"), by telephone or in person in the centre.

These terms and conditions, together with our Privacy Policy and any order form or payment instructions comprise the whole agreement between You and Us in relation to each sale, for example, course or boat dive booking, we accept from you.

By making a booking via the site, over the telephone, email or in person you agree to be bound by these terms and conditions.

By making a booking you acknowledge that you have not relied on any statement, warranty or representation other than those which are made in these terms and conditions, our Privacy Policy, any order form or any payment instructions.

          1. Course Bookings

1.1. All divers listed on a course booking will be included in the booking and the charges will be applied for all spaces booked.

1.2. A deposit will be charged at the time of the booking to confirm the booking.

1.3. Candidates using Dive Academy equipment for any course are responsible for that equipment and will be charged for any loss or damage howsoever caused.

1.4. Candidates may not participate in diving activities without a satisfactorily completed medical statement and a statement of understanding and assumption of risk. Any delays caused to the course by failure to complete these administrative and medical requirements will be chargeable at the current missed session rate.

1.5. Any non-attendance of scheduled sessions will be charged at the current missed session rate.

1.6. If Customers fail to meet the performance requirements on any dive or knowledge development session, at the sole discretion of the instructor, Dive Academy reserves the right to charge for repeating that dive or session, the rate for this will be based on the current missed session rate at that time and depend on the nature of the dive or session in question.

1.7. Neither Dive Academy, its employees nor its contractors can be held responsible for damage to, or loss of, any personal equipment caused prior to, during or after any diving activities.

1.8. Course Cancellations made by you:
You are entitled to cancel your course at any point. All cancellations can be made by the following methods: 

1) Texting (SMS) the office on +353 (0) 85 725 726 0, 

2) emailing contact@diveacademy.info

Cancellation will take effect from the day this notice is received and receipt will be confirmed in writing via text message or email. 
Cancellation charges as a percentage of the total course price depend on the number of days before the course on which notice of cancellation was received. The following cancellations charges will apply:

A) More than 30 days: 25% 
B) Between 14 and 29 days: 50% 
C) Between 0 and 13 days: 100%

1.9. Changes made by us:
It is unlikely that we will have to make any changes to your course arrangements. Occasionally, we may have to make changes (for example, a classroom change may be necessary or Dive Site for training) and we reserve the right to do so at any time.

1.10. We also reserve the right to cancel your course arrangements. For example, if the minimum number of clients required for a particular course arrangement is not reached, we may have to cancel it. However, in that case, the Dive Centre can reschedule your booked course to another planned course in the future if available.

1.11. IMPORTANT NOTE: Refunds or any compensation payments do not apply if we reschedule or cancel your course due to circumstances beyond our control (force majeure). We can reschedule or cancel your course in the following circumstances: war, threat of war, riots, civil strife or terrorist activity, industrial disputes, natural or nuclear disasters, fire, technical problems with transport, technical problems in general, airport closures, bad weather conditions and similar events beyond our control.

1.12. Dive Academy reserves the right to charge an administration fee for any amendments, that are requested by the customer, to scheduled sessions on a booked course. This fee may be charged in addition to a missed session fee at the discretion of Dive Academy.

1.13. All courses must be commenced within 8 months of the booking unless by prior agreement with Dive Academy. Courses not commenced within 8 months of booking will result in the loss of any fees paid.

1.14. Candidates agree to abide by the rules and decisions of Dive Academy, its staff and subcontractors in all diver-training matters.

1.15. No refunds will be made after the course has started.

          2. Dive Trips Bookings

2.1. All divers listed on a boat or shore dive booking will be included in the booking, and the charges will be applied for all spaces booked.

2.2. A deposit will be charged at the time of the booking to confirm the booking.

2.3. Once we depart the Dive Centre for a dive, the dive will be considered to be taking place.

2.4. The Dive Centre reserves the right to change dive sites or vessels without notice, due to weather, safety suitability or any other reason. 

2.5. Dive Trip Cancellations made by you:
You are entitled to cancel your dive trip at any point. All cancellations can be made by the following methods: 

1) Texting (SMS) the office on +353 (0) 85 725 726 0, 

2) emailing diveacademy.info@gmail.com

Cancellation will take effect from the day this notice is received and receipt will be confirmed in writing via text message or email. 

Cancellation charges as a percentage of the total dive trip price depend on the number of days before the dive trip on which notice of cancellation was received. The following cancellations charges will apply:

A) More than 30 days: 25% 
B) Between 14 and 29 days: 50% 
C) Between 13 and 8 days: 75%
D) Between 0 and 7 days: 100%

2.6. Changes made by us: 
It is unlikely that we will have to make any changes to your dive trip arrangements. Occasionally, we may have to make changes (for example, a port or dive site change may be necessary) and we reserve the right to do so at any time.

2.7. We also reserve the right to cancel your dive trip arrangements. For example, if the minimum number of clients required for a particular dive trip arrangement is not reached, we may have to cancel it. However, in that case, the Dive Centre can offer a Shore Dive (if available) instead of a Boat dive or reschedule the dive trip to another available day.

2.8. IMPORTANT NOTE: Refunds or any compensation payments do not apply if we reschedule or cancel your dive trip due to circumstances beyond our control (force majeure). We can reschedule or cancel your dive trip in the following circumstances: war, threat of war, riots, civil strife or terrorist activity, industrial disputes, natural or nuclear disasters, fire, technical problems with transport, technical problems in general, airport closures, bad weather conditions and similar events beyond our control.

2.9. The centre reserves the right to refuse divers to dive if in the opinion of the Dive Centre the diver is not suitable for the chosen dive for any reason. In this case the diver will be liable for the full charge of the dive.

2.10. In all matters relating to the dive trip booking the Dive Centre’s decision is final.

2.11 All divers agree to abide by the Dive Centre’s Diving Practices at all times, a copy of which is available on request, the centres decision on any diving matters is final.

2.12. Divers using Dive Academy equipment for any scuba activities are responsible for that equipment and will be charged for any loss or damage howsoever caused.

       3. Merchandise

3.1. OFFER AND CONTRACT CLOSING. By ordering on our website, you confirm that you are at least 18 years of age and accept our Terms and Conditions. Dive Academy will send you a confirmation of your order by email. This confirmation does not constitute acceptance of your order as no contract for the purchase of the selected goods will be formed until we receive and proof your payment. Dive Academy reserves the right to cancel or decline any order without giving further details.

3.2. PLACING AN ORDER. In order to place an order, you must be at least 18 years old. If you are a minor, ask your parents or legal representatives to place the order in your name. However, if you are between 14 and 18 years of age, you can request information about products. In any case, it is advisable to have your parents or legal representatives before navigating and/or registering on our websites or mobile applications so that they can explain any questions that arise. If you are under 14, please do not give us any personal information, as we cannot accept them. 
Once you have accessed to our websites, you must fill out the form with the necessary personal data that are requested and must click on the 'Pay' button to confirm the purchase. 
When you have finished your order, we will send you an email with the details of your order. 
In case there is any problem with the delivery of your order, we will contact you as soon as possible to inform you about the situation and suggest alternative products that you may wish to purchase. Or offer the refund of the amount paid when placing the order. 
You may cancel the order at any time prior to Dive Academy placing the order with our suppliers.
The product availability on our websites may constantly change and will reflect the situation in real time. By adding an item to the shopping basket, it does not guarantee that it will be reserved for you, as other customers may have already purchased it. Only once the payment process has been completed is the product effectively reserved for the customer. 
Dive Academy will make every effort to provide you with the products listed in your order confirmation. However, there may be times when it is impossible for us to supply such products because of, for example, a stock issue. In these cases, we will contact you to inform you and suggest alternative products that you may wish to purchase. 

3.3. SUPPLY OF PRODUCTS Dive Academy will supply the products indicated into the order confirmation, in accordance with these Terms and Conditions.

3.4. PRESENTATION OF PRODUCTS The items available are described and presented with as much precision as possible. You must read the description of each product in order to know the specific details and properties. The choice and purchase of a product is the sole responsibility of the customer. However, should an error or omission occur within the information, Dive Academy cannot be held responsible. All customers are invited to inform Dive Academy of any error that can be found in a product description. 

3.5. PRICES AND SHIPPING FEES All prices are clearly shown on our websites. Prices can be changed frequently. The valid prices for each order are based on the moment the order has been placed. 
Our shipping fees are calculated by weight and volume, so by adding any item to the basket, the respective shipping fees are shown and the delivery option can be selected once all items have been added to the basket.

3.6. PRODUCT AVAILABILITY Dive Academy offers a great range of items from our suppliers, ScubaPro and TecLine, most of which have to be ordered on demand, but some small items are kept in stock. When selecting an item an estimated delivery date will be shown. If the item is in stock, you will find the information directly next to the estimated delivery date. The estimated delivery date is calculated by product availability and shipping time. The estimated delivery date is calculated by our experience with each supplier and chosen courier. If you order several items in one order, the estimated delivery date will be calculated by availability of all of them. The estimated delivery date is calculated as per availability of all items from your order. The taken time from dispatch to delivery depends on the courier service you select at the checkout. The estimated delivery date is only a reference, as it is determined to product availability, courier’s availability, as well as payment. 
In case that Dive Academy has to withdraw an item because it has become obsolete or has been discontinued, you will be informed directly. If Dive Academy can offer any similar item, you will directly receive the proposal which you can accept or, if not, cancel the item/order for a refund of the product price paid. 

3.7. PAYMENT Our main payment methods are PayPal or Credit Card. Please keep in mind that offered payment methods may vary by the country of destination. Once all items have been added to the basket and you already selected the courier, all available payment methods for your destination country will be shown. 
For online payments made by credit card, the 'Secure Socket Layer' (SSL) security system is used, which allows encrypting your banking information when on the network.

3.8. DELIVERY  When placing an order, you can choose your delivery option once all items have been added to the basket. You can opt to collect you items from Dive Academy or Dive Academy will ship your order to the address you provided when placing your order. To ensure the safe delivery of your parcel, the courier company needs a signature to confirm successful delivery. If there is nobody to receive the parcel, the driver will attempt a new delivery, deposit your parcel at a neighbor or take your parcel to be securely held at the local Post Office or Depot. In case your parcel could not be delivered due to any reason, such as incorrect address, wrong delivery details, refuse of the parcel, etc., it will normally be returned directly to us. Please keep in mind we can only refund your paid product price, once the parcel has arrived back at our warehouse and any item could be verified. You will receive the refund of the paid product price by the same payment method you used when placing the order. Any paid shipping fees cannot be refunded.

3.9. WARRANTY As an official dealer of each brand Dive Academy sells, all our offered items are covered by the same warranty offered by our suppliers (ScubaPro and TecLine). 

3.10. RETURNS AND RIGHT OF WITHDRAWAL Dive Academy gives you the right to return your purchased item/s without having to give a reason, at any time within 30 days beginning on the day after you received the goods. You can return any item within 30 days, as long as the item/s is/are in perfect conditions (unused, with labels, in original packaging). .

3.11. LIABILITY Events outside of our control - we will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations to you if such failure or delay is caused by an event outside of our control. 
An event outside of our control means any act or event beyond our reasonable control such as act(s) of God, wars, terrorist attacks, embargos, riots, strikes, lock-outs, trade disputes, fires, floods, earthquakes or other natural disasters, break-down, inclement weather, interruption of transport, Government action or failure of public or private telecommunications or transport networks. 
If such an event takes place and it affects the performance of our obligations to you: (i) we will contact you as soon as reasonably possible to notify you; and (ii) our obligations to you will be suspended for the duration of the event. Where the event affects delivery of products to you, we will contact you to arrange a new delivery date after the event is over.

       4. Gift Cards

4.1. Gift cards can be purchased in Dive Academy Dive Centre Lahinch or online.

4.2. Online orders containing printed gift cards will be shipped at no charge via post. If you purchase a gift card(s) along with other items, the shipping charge related to the gift card(s) will be waived for expedited service. Electronic gift cards are delivered by email and can be printed at home for hand delivery.

4.3. Any refunds, order cancellations or modifications to an order resulting in an adjustment of the amount due to Dive Academy will be applied to the original gift card within 1 business day.

4.4. No refund will be made after the gift card has been purchased.

4.5. Gift cards are redeemable in-store Dive Academy or on-line only. To use a gift card on-line, the owner of the gift card must have their own account in our store. After shopping or booking scuba activity the owner will be able to use gift card at checkout page.

4.6. Gift cards are redeemable for merchandise and booking scuba activities only and are not redeemable for cash.

4.7. You can check your gift card balance on-line at any time. Login to your account and find it in the “MY ACCOUNT” section.

4.8. Once your gift card has been purchased you can Top it Up again at any time in store or online.

4.9. Dive Academy gift cards do not expire and we do not assess any service fees for non-use.

4.10. To report a lost or stolen gift card call or text +353 (0) 85 725 726 0 or visit www.diveacademy.info/page/contact.

4.11. The original sales receipt is required to replace the remaining balance on a lost or stolen gift card.

4.12. Dive Academy gift cards make it easy to say "Thank You for a job well done!" or "Thank you for your business!" If you are a corporation or an individual looking to purchase a large quantity of Dive Academy gift cards, please email us at diveacademy.info@gmail.com or call +353 (0) 85 725 726 0 for further assistance.

4.13. DIVE ACADEMY MAKES NO WARRANTIES EXPRESS OR IMPLIED WITH RESPECT TO GIFT CARDS, INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

4.14. Your purchase or use of a gift card constitutes acceptance of these gift card Terms and Conditions. These gift card Terms and Conditions are subject to change without notice. Gift cards and their use on Dive Academy Web site are also subject to our Privacy Policy - Your Privacy Rights and Terms of Use.

     5. Other

5.1. Dive Academy accepts NO LIABILITY for loss or damage to personal property including diving equipment. Any equipment left on the boat or in the dive centre overnight or during transport is at the owner's risk.

5.2. We reserve the right to change these terms and conditions at any time.