Terms and Conditions for Online Booking

These terms and conditions (“Terms”) govern the customer booking and participation in Scuba Schools International (SSI) dive courses and nationally recognised training provided by Ocean Education Australia Pty T/As Scubabo Dive Victoria (“the Dive Centre”). By booking a course or training session online with the Dive Centre, you agree to abide by these Terms.

1. Booking and Payment

• 1.1. Booking Confirmation: Booking for a course or training session is confirmed upon receipt of full payment or a deposit specified by the Dive Centre.
• 1.2. Payment Methods: Payment can be made online via credit/debit card, PayPal, or other methods accepted by the Dive Centre.
• 1.3. Course Fees: All fees for courses and training sessions are specified by the Dive Centre and are subject to change without prior notice.

2. Cancellation and Refunds

2.1. Cancellation by Participant:

• Full Refund: Cancellations made based on medical conditions and signed off by a medical practitioner for No Diving are eligible for a full refund. The Dive Centre cannot process any refunds without copies of the medical record. Refunds may take 10-14 business days to process.
• Partial Refund: Cancellations made when digital materials have already been issued, and cancellation is not due to medical grounds (only No Dive) may be entitled to receive a partial refund or credit for future use, subject to the Dive Centre’s discretion. Costs will be deducted for administration and digital material fees. Cancellation of course will result in a $100 administration fee. Once e-Learning has been activated, $250 of course fees is non-refundable plus the admin fee.
• No Refund: Cancellations made within 7 days of the course start date or for no-shows are not eligible for a refund. Cancellations made within 7 days may be entitled to a credit for future use, however a fee may apply to rebook. No refunds can be provided for failure to complete the course. The Dive Centre will endeavour to continue training with the customer to achieve certification or sign off for the candidate’s skill level, as appropriate. Refunds cannot be issued for failure to attend. At the time of booking please ensure you are clear on rescheduling information and minimum numbers for a course to proceed. The Dive Centre will endeavour to coordinate course dates to suit each candidate, however at the time of booking, a refund cannot be provided in full for unavailability. A credit or transfer can be provided at the Dive Centre’s discretion.
• Failure to Attend: If a participant fails to attend there is a re-booking fee of $75.

2.2. Refund Process:

To request a refund, participants must notify the Dive Centre in writing or by email. Refunds will be processed using the same method as the original payment, unless otherwise agreed upon.

2.3. Dive Centre Cancellation or Rescheduling:

The Dive Centre reserves the right to cancel or reschedule courses due to weather conditions, insufficient bookings, or other unforeseen circumstances. In such cases:

• Participants will be offered the option to reschedule to a mutually agreeable date.
• If rescheduling is not possible, participants may receive a credit for future use towards another course or activity offered by the Dive Centre or a transfer of credit to another person.

3. Participant Responsibilities

• 3.1. Health and Fitness: Participants must declare any medical conditions, disabilities, or other factors that may affect their ability to safely participate in diving activities.
• 3.2. Certification Requirements: Participants must meet the prerequisites specified by SSI for the course or training programme booked.
• 3.3. Behaviour and Safety: Participants must adhere to safety guidelines, instructions provided by the Dive Centre staff, and respect other participants and marine life during the course or training.

4. Credits for Future Use

• 4.1. Issuance: Credits issued by the Dive Centre for cancelled or rescheduled courses can be used towards future bookings at any time.
• 4.2. Transferability: Credits may be transferable at the Dive Centre’s discretion, to another named participant. No cash or refunds for credits.
• 4.3. Expiration: Credits have no expiration date, however if the participant started the course and failed to return for over 6 months, the participant may be required to pay additional fees to complete the course in full again.

5. Liability

5.1. Liability Waiver:

Participants are required to sign a liability release waiver before commencing any diving activities with the Dive Centre. All of our activities require you to agree to the terms of our assumption of risk and liability release form.

I HEREBY ACKNOWLEDGE and agree that snorkeling / scuba diving / free diving / swimming 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 gas involves risks and injuries that can occur which require treatment in a medical facility and/or recompression chamber.

I UNDERSTAND that 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.

I UNDERSTAND AND AGREE that snorkeling, scuba diving and related activities involve physical exertion in a marine environment that expose me to risk of injury or death from heart attack, panic, hyperventilation, hypothermia, drowning, fatigue and exhaustion, as well as from wind and weather conditions, tides, currents, waves, equipment failure, interactions with watercraft, swimmers and aquatic life, rocks, docks, pilings, buoys and other potential hazards, any or all of which may not be visible, known or anticipated, and I agree these are all INHERENT RISKS of my chosen activity.

I HEREBY assume all 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 unforeseen and whether caused by the NEGLIGENCE of the Releasees or otherwise. I HEREBY RELEASE, to the fullest extent allowed by law, waive, discharge and agree not to sue Scuba Schools International or any of its parent, subsidiary or affiliated companies (“SSI”), as well as OCEAN EDUCATION AUSTRALIA PTY LTD / SCUBABO DIVE VICTORIA / QUEENSLIFF DIVE CENTRE / COBB & CO LODGE, and all of their instructors and dive professionals, and all of their parent, subsidiary or affiliated companies, agents, employees, officers, directors, owners or sponsors (the “Releasees”) from all responsibility or legal liability to me, my personal representatives, assigns, heirs and next of kin, for any and all loss or damage, and any claims or demands on account of injury to my person or property or resulting in or from 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, whether caused by the negligence of the releasees or otherwise.

I agree that my participation in snorkeling / scuba diving / free diving / swimming is entirely voluntary and of my own free will. 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.

I 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.

This document constitutes the FINAL AND ENTIRE AGREEMENT regarding the subjects it covers, and it is binding upon the heirs, successors and assigns of the parties even if I die or become incapacitated. This document supersedes any and all other documents or oral statements, and I represent that I am not relying upon any oral or written representations that conflict with what is set forth in this document. This Waiver and Release of Liability, Assumption of Risk and Indemnity Agreement is intended to be as broad and inclusive as permitted by applicable laws, but it is not intended to assert any claims or defenses that are prohibited by law, 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 UNDERSTAND AND AGREE that SSI Dive Centres, Diving Schools, Resorts their affiliated Dive Professionals, associated with the programme in which I am participating, are licensed to use various SSI Trademarks and to conduct SSI training, but are not agents, employees or franchisees of Scuba Schools International or any of its parent, subsidiary or affiliated companies (“SSI”).

I FURTHER UNDERSTAND AND AGREE that the Dive Centre, Diving School, Resort and their affiliated Dive Professionals business activities are independent, and are neither owned nor operated by SSI, and that while SSI establishes the standards for SSI diver training programmes, SSI is not responsible for, nor does it have the right to control, the operation of the business activities and the day-to-day conduct of SSI programmes and/or supervision of divers by the Dive Centre, Diving School, Resort and their affiliated Dive Professionals or their associated staff.

I FURTHER UNDERSTAND AND AGREE on behalf of myself, my heirs and my estate that in the event of an injury or death during this activity, neither I nor my heirs or estate will have any legal right to sue or to hold SSI liable for the actions, inactions or negligence of the Dive Centre, Diving School, Resort and their affiliated Dive Professionals and other affiliated personnel associated with the activity.

6. Equipment

• 6.1. Rental Equipment: The Dive Centre may provide rental equipment for use during courses or training sessions. Participants are responsible for the proper care and safe return of rented equipment.
• 6.2. Damage or Loss: Participants are liable for any damage to or loss of rental equipment caused by negligence or misuse. Participants will be charged for any damaged or lost equipment. Use of any hire gear is at your own risk. You must check all hire gear items prior to the dive. No refunds are given to anyone who hires diving equipment and does not use it or returns the equipment early. If equipment is not returned by the end of the hire agreement period, charges will apply. You are fully responsible for any lost or damaged equipment. You allow us to charge your credit card for any lost or damaged equipment.

7. Privacy Policy

• 7.1. Data Collection: The Dive Centre collects personal information from participants for the purpose of booking and conducting diving courses. This information will be treated confidentially and in accordance with applicable privacy laws.

8. Miscellaneous

• 8.1. Changes to Terms: The Dive Centre reserves the right to amend these Terms at any time. Updated Terms can be provided upon request.
• 8.2. Governing Law: These Terms are governed by and construed in accordance with the laws of Australia. Any disputes arising under these Terms shall be subject to the exclusive jurisdiction of the courts in Victoria.

By booking a course or training session online with Scubabo Dive Victoria, you acknowledge that you have read, understood, and agree to abide by these Terms and Conditions.