PADI Recreational Facility & TecRec Center
Article 1: General
- In these general terms and conditions, the following definitions apply:
- DeepDown: PADI Recreational Facility en TecRec Center DeepDown (S-27585);
- student: the natural person who has entered into an agreement with DeepDown with regard to the purchase of services or products or who has the intention to do so;
- agreement: the oral or written agreement between a student and DeepDown about the purchase of services, including education, courses and activities, and/or products;
- PADI Professionals: any certified instructor, assistant or divemaster, in active status, who perform duties on behalf of DeepDown;
- services and products: all services and products provided by DeepDown, including diving education, courses, introductory dives, individual guided dives as well as the rental of equipment.
- These terms and conditions apply to all DeepDown services and products.
- If a provision in these general terms and conditions should prove to be invalid, the other provisions will remain in force. The parties will then enter into consultation to arrive at a replacement arrangement that is as close as possible to the intention of the provision to be replaced.
- DeepDown has the right to unilaterally change these terms and conditions. The most recent version will be published on the DeepDown website after modification.
- Dutch law applies to all agreements concluded with DeepDown.
Article 2: Conclusion of agreement
- An agreement between the student and DeepDown can be concluded verbally (in person or by telephone) and/or in writing via email or WhatsApp.
- If it concerns an agreement with a minor, it is only final after consultation between DeepDown and the parent(s) or legal guardian.
Article 3: Participation in training/course/activity
- A student can only follow an agreed training, course or activity on the days as announced on the website on the date of registration, the start date that was chosen at the time of registration or – insofar as no start date could be chosen – the date that parties have agreed.
- If a student deviates from 3.1, this is only possible after consultation and approval from DeepDown.
- If a student is unable to attend one or more training/course days or lessons, for whatever reason, DeepDown is not obliged to facilitate or organize alternative training/course days or lessons. However, often entry into the same course but on a different date, or private lessons is possible at an additional cost.
- A student is not entitled to a refund of the costs associated with training/course days, lessons and/or activities that the student has not been able to follow.
- DeepDown reserves the right to change scheduled training/course days, classes or activity dates due to weather conditions, lack of participants, or other circumstances beyond DeepDown’s control. DeepDown will schedule a new day in consultation with the student.
- Just as the student can expect an active attitude from the instructor, the student is also expected to have an active attitude: appear on time for the lessons, read theory comprehensionly and knowledge tests are written with correct language use and handed in well before the practical lesson.
- Before attending the course, the student must have read, understood and signed all required declarations. This includes the medical statement, the liability statement, the risk statement and forms that are required for the relevant course. If the student is a minor, the legal parent or guardian must comply with Article 3.7.
Article 4: Payment
- When registering for a training/course, a deposit of € 100.00 must be made. Education/courses lower than this amount will be paid in full.
- The remaining tuition as well as the costs of an activity (such as an introductory or guided dive) must be paid in full before the start.
- DeepDown uses a payment term of 14 days for a training/course, with the exception of the provisions of Article 4.4.
- If registration takes place less than 2 weeks before the start of a training/course, the course fee must be paid immediately.
- The costs of the rental of materials must be paid when the materials are collected.
Article 5: Cancellation
- In the event of cancellation by a student within 4 weeks before the start of a training/course, DeepDown will charge the following costs: – cancellation less than 4 but more than 2 weeks before the start: 25% of the course amount; – cancellation less than 2 weeks but more than one week before the start: 50% of the course amount; – in case of cancellation within 1 week before the start: 100% of the course amount.
- If the student does not show up on an agreed lesson day(s) without notification, no refund of the course fee will be made.
- In the event that, despite the provisions of Articles 4.3 and 4.4, the student has not (yet) fulfilled his payment obligation and cancels less than 4 weeks before the start, DeepDown will still enforce the payment obligation against the student, whether or not by means of collection measures. .
- If there is demonstrable force majeure in the event of cancellation by the student, no cancellation costs will be charged. Whether this is the case is ultimately up to DeepDown to determine.
- Any refunds will be paid by DeepDown within 14 days after the refund obligation arises.
- If the student has answered one of the questions on the Medical Statement with a YES , the student must submit a certificate of approval issued by a medical examiner. If the medical examiner deems the student unfit for diving before the start of the course, the student is entitled to a refund of the training fee, in the amount of the amount paid up to that point.
Article 6: Early Termination and Refund
- If, after the start of the training/course, the student wishes to terminate it prematurely, and there is no demonstrable force majeure, there will be no refund of the course fee.
- If the student wishes to terminate the training/course prematurely, and there is demonstrable force majeure, a refund will be made of payments made in connection with the relevant training, for a maximum amount that is in reasonable proportion to the part of the training/course that will no longer be followed.
- The provisions of article 6.2 do not apply to the costs of training/course materials provided. However, if teaching material is in new condition, DeepDown may decide to take back the training/course material and refund the costs thereof in full or in full.
Article 7: Use diving equipment
- If the course participant rents or has received diving equipment on loan for the duration of a course, the course participant must take the necessary care with regard to these diving equipment.
- In the event of loss or theft, the purchase value of the diving equipment will be charged to the student by DeepDown.
- If it is determined that the diving equipment has become damaged or defective due to negligence on the part of the student, the costs for repair or replacement will also be charged to the student by DeepDown.
- If a student rents materials from DeepDown, a separate (rental) agreement will be signed for this.
Article 8: Liability
- There are risks associated with all forms of diving, including training. The student is expected to be familiar with these risks and to accept them. The student demonstrates this by signing the ‘ Declaration of Risks and Liability ‘. DeepDown and/or its professionals can never be held liable for damage (as a result of, among other things, death, physical or mental injury, accidents and injury) suffered by the student or third parties, resulting from the risks that are logically associated with exercising of diving.
- DeepDown will perform its obligations towards the student to the best of its knowledge and ability and is entitled to engage third parties for the performance of a service.
- If DeepDown fails to fulfill its obligations, the claimable amount will never be higher than the original course amount. DeepDown will never be liable for consequential damages.
- DeepDown cannot be held liable for actions and influences of third parties not directly involved in the execution of the agreement. This in any event includes circumstances that are not attributable to DeepDown’s fault and which cannot reasonably be attributed to DeepDown under Dutch law or the prevailing standards in society.
- DeepDown is not liable for damage, theft, misappropriation, loss or confusion of items brought by students or visitors.
- The student is obliged to have a valid legal liability insurance.
Article 9: Confidentiality
Any information DeepDown obtains from the student will be treated confidentially and will not be disclosed to any third party (excluding PADI) unless DeepDown can be required to do so. The PADI Privacy Statement provides further information on how personal data is processed and applies to DeepDown.