To understand your rights and obligations fully we recommend you always consult a solicitor.
1 Prices and Payment
All prices are in £ sterling and include UK VAT at the appropriate rate. Delivery charges are not included in the prices quoted. We accept payment by most major credit and debit cards. It is imperative that you understand that diving holidays (See 30) and diving courses (See 6 to 8) cannot be cancelled or refunded.
2 AVAILABILITY
All items offered on our website, maidstonescuba.com and maidstone scuba.co.uk, are subject to availability. To purchase any of the items on our Web Site, click the "Add to Basket" button shown on each product page. When you place an order to purchase a course or product by clicking the button "Order Now", we will send you an e-mail confirming receipt of your order or course booking and containing the details of your order.
3 ORDERS
Your order represents an offer to us to purchase a product which is accepted by us when we send e-mail confirmation to you that we've accepted your order or dispatched the product to you. The contract will be filed. For safety reasons your order’s data are not accessible via internet. We keep these data in confidence according to our privacy policy.
4 CONSENT
By viewing this site the user is deemed to consent to all terms and conditions below. Maidstone Scuba School Ltd reserves the right at all times to vary, change, alter, amend, add to or remove any of these terms prior to the point of sale or contract. It is your responsibility to refer to and comply with these terms on accessing maidstonescuba.com
5 REFUNDS
Refunds on goods will be considered at the discretion of Maidstone Scuba School Ltd. In the event of a refund being made, Maidstone Scuba School Ltd reserve the right to charge out of pocket expenses incurred in the processing of the transactions. Such expenses may include, but are not limited to, bank and merchant service provider charges, postage and handling charges and any administration costs incurred. It is imperative that you understand that diving holidays (See 30) and diving courses (See 6 to 8) cannot be cancelled or refunded. Rescheduling of diving course dates is permitted if you have taken out contingency cover. If you have NOT taken out contingency cover, any rescheduling of diving course dates will be subject to a charge of £50.00 per person per day. Student substitution is subject to a charge of £50.00 per Course. Open dated course vouchers that have not been assigned to a specific student and can be transferred.
6 ALL SCUBA DIVING COURSES
Students are responsible for equipment issued to them for diving courses. Any lost or damaged equipment will be charged for at our normal retail price. If a student chooses to utilise their own equipment whilst taking part in any course, they are responsible to make certain that the equipment being used is in good order and has been serviced within the last 6 months in accordance with the manufacturer’s recommendations. Maidstone Scuba School Ltd will not be held responsible for loss or damage to students own equipment.
- Course prices include a pre-set (allocated on booking) schedule of theory (class time), pool time (confined water training) and/or open water dives at set times and on specified dates. The dates and time for your course will be detailed at the time of booking and the course date will be detailed on your invoice. Any additional instruction necessary can be provided at additional cost. The theory segment of your PADI course is based on home study. Review sessions with an instructor are designed to answer questions, and review key points, NOT AS A SUBSTITUTE FOR INDEPENDENT HOME STUDY. Your home study MUST be completed (Including ALL 5 Knowledge Reviews) BEFORE attending the theory session.
- Example:- If you book a full 'PADI Open Water Course' it will consist of home study (typically 2 4 days) with manual and video (and optional online training). This is followed by theory instruction and up to 8 hours of confined water (pool) training (The review session is designed to answer questions, and review key points, Your home study MUST be completed (Including ALL 5 Knowledge Reviews) BEFORE attending the theory session. These sessions will be booked and charged for at a specific time and on set dates (inc. within the course fee). This training will be followed by 4 open water dives in accordance with PADI standards of typically 20 minutes each. Again, these training dives will be booked and charged for at specific time and on pre-set dates (inc. within the course fee on full Open Water Course only). Referral courses follow the same time format but exclude the cost of the open water dives that are handled by the referring dive centre. Enrolling on a course does not guarantee that a student will pass or complete the course (achieve mastery). To pass the course students must achieve 'mastery' of each element of the course before moving on to the next section or module.
- The instructor in accordance with PADI standards will determine mastery. If, in the opinion of the instructor, the student fails to achieve mastery during the time period allocated and charged for on any particular course or requests/requires additional class, pool or open water training instruction outside the pe-set scheduled for the particular course booked then this can be provided at additional cost:- Private theory tuition (2 to 3 Hour Session with one of our PADI Instructors):- £75.00 per student (for the first 2 students plus £15.00 for each additional student), Pool Sessions from £75.00 per day, Open Water sessions from £98.75 per day). For full details of time allocations included in your chosen course, please contact Maidstone Scuba School Ltd on 01622 754280. All courses are run in accordance with our terms and conditions of business. We reserve the right to reschedule any course if the required minimum of 3 students per course has not been reached. Students shall be responsible for the safe keeping and return of all equipment loaned or provided during courses. Lost equipment is chargeable at Maidstone Scuba School Ltd list price. All courses, course materials and account balances must be paid in full prior to certification. Maidstone Scuba School Ltd reserves the right to withhold certification on completed courses pending settlement of customer accounts. If any item (courses, applications, certifications, materials, goods or other services) are being paid by instalment, payments will be assigned to the unpaid items in the date order in which the goods or services were supplied. i.e. the most outstanding items will be settled first.
- Your course instructor will be assigned to you at the time of booking. All our courses operate to the permitted course size. The course size is based on the prescribed ratios, safety standards, diving environment, overall risk assessment and equipment availability. Course spaces are therefore limited. It is not possible to book (holding open a space), only to attempt to cancel or reschedule a booking prior to your reserved course date. Courses cannot be cancelled or rescheduled, unless you have taken out contingency cover. You can take out contingency cover at the time of booking (or up to 24 hours after booking) to indemnify yourself in the event of having to reschedule your course on medical grounds for £45 per person (provides up to £245.00 of cover). To qualify for cover, your Course must have been scheduled to take place a minimum of fourteen days from the time of requesting contingency cover. Ask for further information if required by ‘phoning 01622 754280.
- If a course or any course segment is cancelled or missed by the student diver for any reason, a cancellation/ Reschedule Request form must be completed (additional fee may apply), stating the reason for the cancellation along with PADI form 10081 (Rev.5/98) version 1.1, also signed by the student diver and instructor (confirming any skills completed) and submitted along with any outstanding fees before release of any course documentation by Maidstone Scuba School Ltd.
7 PROFESSIONAL LEVEL SCUBA DIVING COURSES
Professional level courses such as Divemaster and Assistant Instructor courses may be undertaken as a group internship or as a series of practical training exercises. If you choose to take your course as an internship, you will receive credit (a reduction in the course fee) to reflect your attendance assisting and working with our students (minimum number of days:- 15 days confined water, 10 days open water). If you later choose to switch from an internship (or request to be referred to another Dive Centre to complete your training) part way through your internship, an additional fee may be applicable dependant on your number of attendances in open and confined water. In accordance with PADI standards, Maidstone Scuba School Ltd reserves the right to withhold course paperwork documentation and or certification pending settlement of students unpaid accounts. Professional level course do not include equipment. As a diving professional you will be expected to own your own equipment and diving cylinder. If necessary equipment can be provided for professional level courses at our normal hire rates.
8 COURSE CANCELATION AND OR RESCHEDULING - IMPORTANT!
Diving course fees cannot be refunded. Rescheduling of course dates is permitted if you have taken out contingency cover. If you have NOT taken out contingency cover, any rescheduling of course dates will be subject to a charge of £50.00 per person per day. Student substitution is subject to a charge of £50.00 per Course. Open dated course vouchers that are not assigned to a specific student and can be transferred. If you have any doubt as to whether you wish to take part in an entry level course we strongly recommend that you book your entry level training in stages:- FREE Try a ‘Try Dive’ first, to see if you enjoy the experience of SCUBA Diving. Then, if you decide to book a course (but are not sure if you will complete the course), consider booking the Referral option (booking the qualifying dives later). This will cost slightly more overall but will give you the flexibility to book and pay for the final stage of your training later. It could also save you money, in the unlikely event that you decide to not continue your training. If you book a full course, you will save money but will not have the flexibility to cancel or reschedule bookings. Diving Courses run to exact and prescribed ratios and safety standards (these are laid down by both The Health & Safety Executive and PADI International). Maidstone Scuba School Ltd reserves the right to suspend training and withhold course paperwork and documentation and or certification pending settlement of any outstanding course fees, administration fees or cancelation fees.
All Diving Courses, Dive Club Activities and Diving Holidays (See also 30 below) provided on a ‘Fully Inclusive’ basis shall be based on the prescribed limitations detailed on any accompanying information sheet, and shall be strictly subject to any additional terms and conditions imposed by our suppliers.
9 Course Bundles
Course Bundles provide students with the opportunity to purchase two or more PADI courses at a discount. Course Bundles are required to be paid in full four weeks prior to the start date of the first course within the bundle, unless agreed otherwise by Maidstone Scuba School Ltd. In the event that it is agreed that a student may commence a course bundle prior to payment being received in full, and if in that circumstance the student then fails to pay the due outstanding balance, or cancels part way through a course bundle, an administration fee of 15% of the total course bundle price will be applied as an administration & cancelation fee, in addition to the normal (non bundle price) for any courses within the bundle that the student has started or completed. In accordance with PADI standards, Maidstone Scuba School Ltd reserves the right to suspend training and withhold course paperwork and documentation and or certification pending settlement of any outstanding course fees, administration fees or cancelation fees.
10 COURSE DVD & VIDEO DEPOSIT
Most PADI Courses require the student to view a course Video or DVD (DVD). We will provide a course DVD & RDP on free loan against a refundable deposit of £24.95. To be eligible for a refund the course DVD MUST be returned at the time of your theory session. It is your responsibility to return the DVD at the conclusion of the theory session. If DVD’s or RDP's are retained by students AFTER the course theory session has concluded, the DVD or RDP will be treated as sold and deposits will be retained as payment.
11 SECURITY DEPOSITS - SCUBA EQUIPMENT
All MSS PADI recreational diving courses include the provision of FREE equipment throughout the course. Course scuba equipment will be issued to each student on the day of the course and must be returned, cleaned, at the end of each day. We reserve the right to take a security deposit of up to £1000.00 (for a full set of equipment). Any security deposits will be refunded on return of the hired equipment less any charge for any additional days hire (additional days hire are days when students retain the equipment over and above the course duration for any reason unless first arranged and agreed in writing with Maidstone Scuba School) . Additional days hire will be charged based on MSS day rate for equipment hire, as per our Terms and Conditions. If not returned on day of free hire, any additional days hire fees will be deducted from the security deposit.
12 COURSE DEPOSITS & Book now Pay Later
The book now pay later facility is ONLY available when booking PADI courses online at maidstonescuba.com. Courses that are booked online may be booked with a £50.00 per student deposit (plus any additional DVD Deposit and postage for home study packs) with the balance paid in either instalments or as a lump sum. It is your responsibility to log into your account and make payments on time. Courses must be fully paid at least four weeks prior to the course start date. Course balances that remain unpaid four weeks prior to the course start date will be subject to an administration surcharge of £20 per booking and may, at our discretion, result in the course date being moved to a later date. Booking deposits and instalments are non refundable. Emails sent by Maidstone Scuba School regarding due payments are sent as a courtesy only and must NOT be relied on to insure your payment is made on time. As reminders are sent by email, and we have no control over your spam settings, they could be identified by your computer as spam and moved to your spam file or deleted. It is your responsibility to log into your account and make any final payment 4 weeks prior to your course.
13 COPYRIGHT
All material contained in and published on maidstonescuba.com is copyright and is intended for the personal and non-commercial use of the user. The content of this site is protected by copyright pursuant to English and European Union copyright laws, international conventions and other copyright laws. The user is specifically prohibited from modifying, publishing, transmitting, selling, participating in the transfer or sale or reproducing, creating derivative works from, distributing, performing, displaying or in any way exploiting any of the materials on this site or the software or materials relating thereto in whole or in part. The user may download or copy material for personal use only but the copyright therein shall be maintained in Maidstone Scuba School Ltd. Links to are not permitted, except with prior written consent.
14 WARRANTY
Maidstone Scuba School Ltd excludes any warranty, express or implied as to the quality, accuracy, timeliness, completeness or fitness for a particular purpose of the material on maidstonescuba.com and will not be liable for any claims, penalties, loss, damages or expenses arising from the use or the inability to use material on maidstonescuba.com, or from any unauthorised access or alteration of same. Maidstone Scuba School Ltd makes no warranty that the contents of the maidstonescuba.com website is compatible with all computer systems and browsers.
15 APPLICABLE LAW
These terms and conditions shall be construed and interpreted in accordance with English Law. The Courts shall have exclusive jurisdiction in relation to any claim, dispute or other matter arising therefrom.
16 APPLICATION OF CONDITION
Notwithstanding anything which may be contained in any purchase order or other document of the buyer, goods are supplied subject to these conditions alone. No variations of them will apply unless expressly agreed by both parties in writing and signed on their behalf.
17 ACQUISION OF GOODS BY MAIDSTONE SCUBA SCHOOL LTD
Goods and services shall only be accepted after approval and acceptance by Maidstone Scuba School Ltd of a written quotation (not estimate) from the supplier with a confirmed cost and delivery date.
18 LOSS OR DAMAGE IN TRANSIT
Maidstone Scuba School Ltd will despatch goods by Royal Mail recorded delivery or Royal Mail special delivery. Compensation for goods which fail to arrive or arrive in a damaged condition will be paid up to a maximum of £27.00 for recorded delivery and £500 for special delivery. Once a claim is made for a lost parcel please allow up to 14 working days for a response. Notification of loss or damage to the goods must be made to Maidstone Scuba School Ltd in writing (not email), within 10 days of the date of despatch, failing which no claim in respect of such loss or damage will be entertained by Maidstone Scuba School Ltd. Additional cover on special delivery items can be purchased at time of order (up to £2,500).
19 DELIVERY
We only deliver within the mainland UK and cannot guarantee delivery times but we aim to deliver within 7 working days. Unless specifically agreed otherwise than in writing by the seller, the date of any delivery notified by the seller to the buyer is an estimate only and the seller shall not be liable for the consequences of any delay in fulfilling the buyers order. Goods are delivered by carriers (see 14 above) over whom the seller has no control and therefore the seller shall not be liable for the consequences of any delay in transit. In the events of goods ordered and subsequently returned for any reason the seller reserves the right to affect a handling charge.
20 DISCREPANCY
The buyer will inspect the goods on arrival and if they do not correspond in nature to the goods ordered, will give the seller written notification of any discrepancy within 7 days of the despatch, failing which the buyer shall be deemed to have accepted the goods.
21 DESCRIPTIONS
The photographs, dimensions, specifications and type numbers detailed on Maidstone scuba.com and elsewhere are shown only as a guide, and although we will usually supply the exact product shown, we reserve the right on occasions to supply similar items but with detail differences.
22 ACCURACY OF INFORMATION
All equipment is sold in accordance with the manufactur's specifications subject to any qualification or representation contained in the brochures, advertisements or other documentation.
23 DEFECTIVE GOODS AND CONSEQUENTIAL LOSS
The seller guarantees that the goods are free from defects and are of merchantable quality but it is for the buyer to satisfy themselves that the goods are fit and suitable for the purpose for which they require them. Defects in goods delivered shall not be grounds for cancellation by the buyer of the remainder of any order or contract. It is expressly agreed and understood by the buyer that Maidstone Scuba School Ltd liability in respect of defective or otherwise unmerchantable goods shall under no circumstances whatsoever extend beyond the price paid for such goods, in particular the seller shall not be liable for any damage to property, nor any consequential loss of whatsoever nature, however caused, arising out of any defect in the goods, or from their failure to correspond to any description or representation, or from their unsuitability for any purpose. If any buyer alleges that goods supplied are defective the buyer will return them, carriage paid, to the seller's premises. If, after examination by the seller, it is established that the goods are defective then the seller will refund the buyer the cost of the carriage and replace the goods or at the seller’s absolute discretion refund their purchase price.
24 PRICE
Maidstone Scuba School Ltd reserves the right to vary any price advertised on maidstonescuba.com or elsewhere as occasion demands. Goods are supplied, subject to availability, at the price prevailing as at the date of acceptance by Maidstone Scuba School Ltd of any order placed by the buyer. All prices include V.A.T. except where expressly stated otherwise.
25 SPECIFICATION
Goods described on http://www.maidstonescuba.com/ and http://www.maidstonescuba.co.uk/ elsewhere are subjected to a continuing process of technical change and development and Maidstone Scuba School Ltd therefore reserves the right to alter specifications without notice any time before delivery. All descriptions, illustrations, specifications and dimensions are approximate and are only intended to present a general guideline as to the goods therein. It is therefore agreed by the Buyer that the goods supplied may not comply in all respects with the description in the Seller's catalogue or elsewhere. If a sample of the goods has been exhibited to and inspected by the buyer the contract shall not constitute a sale by sample. We take every effort to ensure accurate information, however technical specifications, drawings, photographs and illustrations are subject to change. Maidstone Scuba School Ltd shall not be liable for any loss or damage resulting from inaccurate information on maidstonescuba.com or elsewhere.
26 COPY INFORMATION
We will provide you with detailed information of all training provided and dives conducted by Maidstone Scuba School Ltd, including dive log information such as dive time, equipment used, ending pressure groups, weight used, dive location and (referral courses) your medical statement etc. plus full payment (transaction) details at time of booking Later requested copies of any dive log or transaction information may be subject to a retrieval charge. If, after 6 months, you do not undertake further training or diving activity with Maidstone Scuba School Ltd, your file will be archived and any copy documentation required from our archive may be subject to an administration fee.
27 RESERVATION OF TITLE
Legal ownership in the goods and or course materials shall not pass from Maidstone Scuba School Ltd to the Buyer until they have been paid for in full. Until property in the goods passes from Maidstone Scuba School Ltd to the Buyer as forsaid the Buyer shall hold the goods as the bailee of Maidstone Scuba School Ltd. Where the goods are supplied under a Contract Order with delivery in installments over an extended period, then the order is to be regarded as a whole so that property in none of the goods passes until all the goods, the subject of the contract order, have been paid for in full. All courses, course materials and account balances must be paid in full prior to course certification. Maidstone Scuba School Ltd reserves the right to withhold certification on completed courses pending settlement of customer accounts. If any item (courses, applications, certifications, materials, goods or other services) are being paid by instalment, payments will be assigned to the unpaid items in the date order in which the goods or services were supplied. i.e. the most outstanding items will be settled first.
28 Enhanced Try Dives
Enhanced Try Dives (PADI Discover Scuba), include all skills from module one of the PADI Open Water Diver Course. If having enrolled on an enhanced try dive, you subsequently book the PADI Open Water Diver Course on the same day as your Enhanced Try Dive, we will refund the cost in full of the enhanced Try Dive (by cheque) as all skills from module one of your course will already have been completed during the Enhanced Try Dive.
29 FORCE MAJEURE
If delivery is delayed by any cause beyond the reasonable control of the Maidstone Scuba School Ltd, a reasonable extension of time for delivery shall be granted and the Buyer shall pay such reasonable extra charges as shall have been occasioned by the delay.
30 DIVE CLUB TRIPS & DIVING HOLIDAYS
When you purchase a diving holiday or dive club trip please be aware that, in addition to these terms, you will be subject to the terms and conditions of our third party agents. Dive Club trips and diving holidays booked through Maidstone Scuba School Ltd are generally booked as 'group trips' and as such are subject to minimum numbers. As Dive Club trips are based on group bookings with minimum numbers, it is imperative that you understand that such holidays cannot be cancelled or refunded. We strongly recomend that medical and contingency insurance is taken out when booking.
- Accommodation is based on shared rooms (usually twin or triple) or cabins (liveaboard) unless a single supplement fee has been paid. Liveaboard cabins normally take 2 to 4 people.
- If an option to pay by instalments is provided and you fail to pay an instalment or due payment on time or attempt to withdraw or cancel your place NO refund of deposit will be applicable and any instalments paid to that point shall be forfeit. In such cases, we will retain your deposit and any instalments paid to date in order to cover our fees and any adjustment in the overall group rate due to the reduced group size, along with any fees and losses incurred by ourselves and our third party agents.
- We regret we cannot accept liability or pay any compensation where the performance or prompt performance of our obligations to you are prevented or affected as a result of "force majeure". In these Booking Conditions, "force majeure" means any event which we or the principal of the service(s) in question could not, even with all due care, foresee or avoid. Such events may include war or threat of war, riot, civil strife, actual or threatened terrorist activity, industrial dispute, natural or nuclear disaster, adverse weather conditions, fire and all similar events outside our control.
31 DIVE CLUB – MAIDSTONE DIVE TEAM
Automatic Renewal - Dive Club Members that are setup for automatic renewal will be renewed automatically from the date of expiry and the renewal fee charged to the credit or debit card provided (Please note, there may be a delay between automatic renewal and the issuing of an invoice/ charge for renewal). If you do NOT wish for your membership to be renewed automatically, you must advise in writing, prior to your expiry date. Dive Club Memberships are non refundable.
Free use of the dive pool - is limited to students and member use for private practice only. The pool is specifically NOT to be utilised by members to teach, train or carry out scuba reviews or courses with or for third parties.
Membership fees are deemed fully earnt on payment and no refunds are available.
Full Membership runs from January to December and is renewed automatically in December for the next year. New members (joining at different times during the first year) will receive a pro rata discount depending on their joining date in their first year (this discount is based on what events have already taken place and what events remain). Subsequent renewals will take place in December.
Boat diving activities and charters are for a set number of participants and our electronic system will only allow the appropriate number of places to be booked for any given trip or boat size. Once booked, your place will therefore reduce the number of available spaces and potentially prevent other club members booking spaces. As we are responsible for paying the skipper for the entire charter space, it is important to note that boat spaces cannot be cancelled. If, having booked a place on a diving trip, you find you are unable to attend for any reason; it is your responsibility to find another club member to take your place and notify us of the divers name.
Members agree to dive according to PADI s' Safe Diving Practices Statement of Understanding.
Members agree to not dive beyond training, experience and certification level.
Members agree to adhere strictly to the Buddy System when diving and always perform a buddy check prior to entering the water.
Members agree to take part in dive briefings. Always follow the instructions of Maidstone Scuba School Ltd personnel, Instructors and Divemasters.
Members agree to take part in a Scuba Review if you go for several months without practice.
Members agree to always carry a delayed SMB, reel and personal detection item on all sea dives.
Members agree to book club activities online if possible (discounts only apply to items booked online).
Holidays and dive club activities operate on a first come first served basis. All information on trips is detailed on our web site (See also 30 above).
All hired equipment must be insured (by the hirer) - a security deposit of up to £1000.00 (for a full set of equipment) will be required against all loss or damage in the UK or abroad. Hired equipment is the responsibility of the hirer. Any lost or damaged equipment will be charged for at the current Maidstone Scuba School Ltd price (see current price list for details).
We reserve the right to delay or cancel any bookings for boat and RIB dives at short notice due to unsuitable conditions or any cause beyond the reasonable control of the Maidstone Scuba School Ltd. If dives are blown out or cancelled for reasons beyond our control we will switch your booking to the next available dive date that is convenient to you (cash refunds are NOT available). The boat and RIB crew will have sole discretion to whether conditions are safe to depart.
If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
