Terms & Conditions
TAX INVOICE DETAILS
- Entity name: The Scuba Coach Pty Ltd
- ABN: 44603317933
- Business Name 1: The Scuba Coach
- Business Name 2: Gold Coast Dive Adventures
- Business Name 3: Gold Coast Whale Watching Tours
- Business Name 4: Sea Gold Coast
We live and breath the online booking process. In regards to this booking, we will communicate with you via email and sms. This may include important information relating to your booking such as cancellations, change of meeting times or general reminders. You must therefore ensure that your mobile phone number and email address used at time of booking is capable of receiving sms and emails. You acknowledge to check your phone and email inbox frequently and reply promptly if requested by us.
PAYMENTS & REFUNDS
- Your credit card is usually not charged at time of booking
- Your card is charged within 4 days of your trip
- Your credit card details are kept securely (PCI compliant)
- Eligible refunds are made less merchant fees (1.8% + $0.30)
- Merchant fees are only deductible for cancellations by you
GENERAL CANCELLATION POLICY
The below policy applies to all trips, weekend trips, events and travel. Some trips have alternative policies as stipulated on top or on the bottom of this page if applicable.
- Our cancellation policy is 5 day's prior to the event for day trips.
- No refund is available for cancellations within 5 days.
- Cancellations must be made via email to email@example.com
- If you need to cancel within 5 days please contact us and we will try re-selling your spot.
- Multi-day trips and travel cannot be cancelled once booked.
- If you need to cancel please contact us and we will try reselling your spots.
- Vouchers or Refunds are available if a trip is cancelled by us or the operator for whatever reason.
- No expense reimbursements are available as a result of a cancelled trip.
- Dive Courses can not be cancelled once student materials have been issued.
- Should you fail to pay a balance payment for a trip (credit card declines), your booking will be cancelled and your deposit kept as cancellation fee unless we can find someone else last minute to fill your spot.
CERTIFIED DIVERS REQUIREMENTS
- You must bring your diving certification card with you and be on time.
- For certified divers, you must dive with a dive computer, snorkel and safety sausage.
- You must disclose any medical conditions to us and/or any medications you take.
- You must surface with at least 50bar left in your tank
- You must conduct a buddy check and remain within 5sec distance to your buddy.
- You must limit your depth in line with your certification
- You must do a Safety Stop at the end of each dive for 3min at 5m depth.
- You must make all dives no-decompression dives
- You must listen carefully to briefings
- You must participate in head counts
- You must follow the dive plan
- Speak up if you have a concern
CERTIFIED DIVING TOURS & DIVE GUIDES
Our dive trips are generally self-guided however we usually provide an experienced in water dive guide. You hereby acknowledge your understanding that these dive guides do not provide any sort of refresher service and are a courtesy only. You are expected to be a confident diver that is capable to dive and navigate independently with a buddy and follow a briefed dive plan. Should you be out of the water since quite some time or just got certified, please email us beforehand to discuss whether a refresher course is needed.
RENTAL EQUIPMENT (HIRE GEAR)
- Use of any Hire Gear is at your own risk.
- You must check all hire gear items prior to the dive.
- You are fully responsible for any lost or damaged equipment.
- You allow us to charge your credit card for any lost or damaged equipment.
FLYING AFTER DIVING
You hereby acknowledge your understanding that decompression sickness (DCS) can occur when you fly immediately after scuba diving due to the change in atmospheric pressure. We recommend to not fly within 24hours after your last dive.
Due to weather, transport delays, strikes and other causes beyond the control of The Scuba Coach, our agents and airlines, there is a possibility of contracted services not being extended. The Scuba Coach will make every endeavour to secure refunds for the same, but will not be held responsible for refunds not forthcoming.
TRIP ITINERARY & DIVE SITES
The nature of diving is that we are depended on weather conditions. There is always the possibility that a specific dive site as advertised in the trip description cannot be visited due to poor weather conditions or that departure times have to be altered on short notice. The vessel operator will select the safest sites available by putting divers safety first and by considering the experience level of all divers on board. No refunds are available for such circumstances unless the particular operator agrees to providing a refund, partial refund or other form of compensation. This is a common clause to keep diving charter rates as low as possible as otherwise dive businesses would need to add substantial risk allowances to their rates.
ACCURACY OF INFORMATION PROVIDED BY THIRD PARTIES
Whilst all reasonable steps have been taken to ensure the accuracy of the particulars set out in product descriptions, no warranty is given by us as to their accuracy or compliance with relevant legislation or regulations. Interested parties should not rely on these particulars as representations of fact or warranties given by us as the agent and the inquirer must satisfy itself or themselves by other means. Itineraries quoted are approx and are subject to change.
Every participant in our activities must complete an online waiver. The content of the waiver is stated below. It is specifically agreed as a condition of purchase that you and all other participants agree to the provisions of the below agreement even without signature. You can also complete our waiver right now by following this link: https://waiver.smartwaiver.com/w/5b0532e1e843b/web/
NON-AGENCY DISCLOSURE AND ACKNOWLEDGEMENT AGEEMENT
I understand and agree that PADI Members ("Members"), including Gold Coast Dive Adventures and/or any individual PADI Instructors and Divemasters associated with the program in which I am participating, are licensed to use various PADI Trademarks and to conduct PADI training, but are not agents, employees or franchisees of PADI Americas, Inc, or its parent, subsidiary and affiliated corporations ("PADI"). I further understand that Member business activities are independent, and are neither owned nor operated by PADI, and that while PADI establishes the standards for PADI diver training programs, it is not responsible for, nor does it have the right to control, the operation of the Members' business activities and the day-to-day conduct of PADI programs and supervision of divers by the Members 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 estate shall seek to hold PADI liable for the actions, inactions or negligence of Gold Coast Dive Adventures and/or the instructors and divemasters associated with the activity.
LIABILITY RELEASE AND ASSUMPTION OF RISK AGREEMENT
I, hereby affirm that unless I am participating in snorkelling or whale watching, I am a certified scuba diver OR a student diver under the control and supervision of a certified scuba instructor, and that I thoroughly understand the hazards of scuba diving including those hazards occurring during boat travel to and from the dive site and transportation in between accommodation and the meeting point, departure point (hereinafter collectively referred to as “Excursion”).
I understand that these inherent risks include, but are not limited to, drowning, heart attack, sun stroke, sun burn, air expansion injuries, decompression sickness, embolism or other hyperbaric injuries that require treatment in a recompression chamber; slipping or falling while on board, being cut or struck by a boat while in the water, injuries occurring while getting on or off a boat, and other perils of the sea; all of which can result in serious injury or death. Further risks include the vessel being struck by marine life, vehicle accidents whilst being transferred in between accommodation and the departure point.
I understand the Excursion will be conducted at a site that is remote, either by time or distance or both, from a recompression chamber and emergency medical facilities. I still choose to proceed with the Excursion. By signing this Agreement, I certify that I am fully aware of and expressly assume these and all other risks involved in making such a boat trip, scuba dive(s), snorkelling or whale watching, whether conducted as a spectator, certified diver or a student diver in a diving class.
I understand and agree that neither the dive professional(s); nor the crew or owner of the vessel; nor the vessel itself; nor PADI Americas, Inc., nor its affiliate or subsidiary corporations; nor the owners, officers, employees, agents, contractors or assigns of the above listed individuals and/or entities (hereinafter “Released Parties”) may be held liable or responsible in any way for any personal injury, property damage, wrongful death or other damages to me or my family, estate, heirs or assigns that may occur as a result of my participation in this Excursion, or as a result of the negligence of any party, including the Released Parties, whether passive or active.
I am aware that the vessel used for the activity is a 'wet boat' and smaller vessel. Any personal belongings are brought onto the vessel at the participants risk. I am aware that items such as cameras, mobile phones may get water damaged and should be left ashore.
I affirm I am in good mental and physical fitness to scuba dive. I further state that I am not under the influence of alcohol or any drugs that are contradicted to diving. If I am taking medication, I affirm that I have seen a physician and have approval to dive while under the influence of the medication/drugs. I understand that skin and scuba diving are physically strenuous activities and that I will be exerting myself during this Excursion, and that if I am injured as a result of heart attack, panic, hyperventilation, drowning or any other cause, that I expressly assume the risk of said injuries and that I will not hold the Released Parties responsible for the same.
I am aware that safe dive practices suggest diving with a buddy unless trained as a self-reliant diver. Accordingly, it is my responsibility to plan my dive allowing for my diving experience and limitations, and the prevailing water conditions and environment. I will not hold the Released Parties responsible for my failure to safely plan my dive, dive my plan, and follow the instructions and dive briefing of the dive professional(s)/vessel crew. I affirm it is my responsibility to inspect all of my equipment prior to the Excursion and that I should not dive if my equipment is not functioning properly. I will not hold the Released Parties responsible for my failure to inspect my equipment prior to diving or if I choose to dive with equipment that may not be functioning properly.
I further state that I am of lawful age and legally competent to sign this Agreement, or that I have obtained the written consent of my parent or guardian. I understand the terms herein are contractual and not a mere recital, and that I have signed this Agreement of my own free act and with the knowledge that I hereby agree to waive my legal rights. I further agree that if any provision of this Agreement if found to be unenforceable or invalid, that provision shall be severed from this Agreement. The remainder of this Agreement will then be construed as though the unenforceable provision had never been contained herein.
I understand and agree that I am not only giving up my right to sue the Released Parties but also any rights my heirs, assigns or beneficiaries may have to sue the Released Parties resulting from my death. I further represent that I have the authority to do so and my heirs, assigns and beneficiaries will be estopped from claiming otherwise because of my representations to the Released Parties.
I, BY THIS INSTRUMENT, AGREE TO EXEMPT AND RELEASE ALL THE ABOVE LISTED ENTITIES AND/OR INDIVIDUALS FROM ALL LIABILITY AND RESPONSIBILITY FOR PERSONAL INJURY, PROPERTY DAMAGE OR WRONGFUL DEATH, HOWEVER CAUSED, INCLUDING BUT NOT LIMITED TO, PRODUCT LIABILITY OR THE NEGLIGENCE OF THE RELEASED PARTIES, WHETHER PASSIVE OR ACTIVE.
I HAVE FULLY INFORMED MYSELF AND MY HEIRS OF THE CONTENTS OF THIS NON-AGENCY DISCLOSURE AND ACKNOWLEDGMENT AGREEMENT AND LIABILITY RELEASE AND ASSUMPTION OF RISK AGREEMENT BY READING BOTH BEFORE I SIGNED BELOW ON BEHALF OF MYSELF AND MY HEIRS.
---End of Agreement---
HOTEL TRANSFERS AND OTHER TRANSPORTATION
You recognise and acknowledge that The Scuba Coach Pty Ltd is neither a common carrier nor in the business of providing transportation services to the public. You further recognise and acknowledge that there are certain risks of physical injury to vehicle passengers, and you voluntarily agree to assume the full risk of any injuries, damages or loss, regardless of severity, that you may sustain as a result of participating in any and all activities connected with or associated with receiving transportation services, including, but not limited to, injuries, damages and loss arising out of negligent operation or supervision of the vehicle. You further agree to waive and relinquish all claims you may have (or accrue to me) against The Scuba Coach Pty Ltd, including its respective officials, agents, volunteers and employees (hereinafter collectively referred to as “Party”). You agree to wear a seatbelt and to remain seated in the vehicle whenever the vehicle is under operation or when instructed to do so. Should my transportation be arranged via the ride sharing service UBER, you acknowledge and agree to UBER’s terms and conditions in regard to claims and liability.
- Applicable law is Queensland, Australia
- If one term is found to be unlawful all others remain valid
- You agree to be added to our email campaigns with the option to unsubscribe
- Should we be liable to you for compensation, our liability is limited to the value of your booking.
- You give us permission to use any photographs or video footage which we may take of you for promotional purposes.
- Updated 17th August 2016 (change to liability release section)
- Updated 26th October 2016 (Legal Information section added)
- Updated 28th October 2016 (Unused Services & Trip Itinerary section added)
- Updated 24th April 2017 (Flying after diving section added)
- Updated 7th November 2017 (Payments & Cancellation Policy amended)
- Update 23rd November 2017 (added refund policy regarding merchant fees)
- Update 30th November 2017 (added accuracy of information clause)
- Update 9th April 2018 (added communication clause)
- Update 1st May 2018 (Major update to liability section)
- Update 24th May 2018 (Liability Release wording updated)
SOME TRIPS AND EVENTS HAVE ADDITIONAL TERMS AND CONDITIONS LISTED BELOW OR ON TOP OF THIS PAGE. THESE TERMS TAKE PRECEDENCE OVER OUR STANDARD TERMS.