Terms
and Conditions
Booking/Cancellation Terms and Conditions.
All customers of Aqua Africa participating in diving-based
activities must complete this form. Signing this form represents
confirmation of booking, acceptance of terms and conditions and when booking
online also represents confirmation of booking and acceptance of terms and
conditions.
Where cancellation notification is received
LESS THAN
7 days prior to the booked event (exception: see medical requirements)
payments are non-refundable.
You are able to change your event start date free of charge
where a minimum of 7 days notification is given prior to booked event.
Once you have started your course, you may choose to complete
your training on different dates to your event schedules, but this will be
subject to availability and course numbers. If you require additional
make-up dives to complete your diver training, a $25 fee per dive will apply
and will also be subject to availability and course numbers.
Where Aqua Africa cancels an event a full refund or
alternative dates will be offered, however no refunds or credits will be due
where customers fail to arrive by the published start times for their
courses or trips.
Medical Requirements
For
divers and courses requiring a dive medical it is a requirement that it is
completed
AT LEAST
7 days prior to course commencement.
Where a customer fails a dive medical
AT LEAST
7 days prior to course commencement (and notifies us thereof) there will be
a full refund of course fees upon return of all texts and course materials
in original condition.
For course cancellations due to medical grounds
WITHIN
7 days there will be a $25 administration fee and the remaining fees will be
refunded upon return of all texts and course materials in original
condition.
Where course materials have been defaced, damaged or lost
they will be charged at the standard PADI retail prices as per the current
PADI price list.
ALL
MEDICAL CANCELLATIONS MUST BE ACCOMPANIED BY A MEDICAL FAILURE NOTIFICATION
FROM A DOCTOR, WORD OF MOUTH WILL NOT BE ACCEPTED.
Liability Release and Waiver
Please
read the following. By continuing with the Internet booking you accept the
terms stated below:
In consideration of Aqua Africa permitting me to participate in scuba
diving, snorkelling and any other water sport activity provided by them
(including instruction in any of these activities whether in or out of the
water or on any vessel) (collectively or severally referred to as
'Activities') I agree as follows:
Express acceptance of risk
1.1 I confirm that the answers I have provided in this form
are true and correct and that Aqua Africa has relied on these answers in
allowing me to participate in the activities.
1.2 I personally and voluntarily assume all the risk for any harm, trauma,
injury or damage that I may suffer to my person or my property whether
foreseen or unforeseen in connection with the activities.
1.3 I certify that I have been advised of the inherent risks associated
with the activities and I voluntarily choose to participate in the
activities fully accepting that such risks, should they arise, may cause
injury, death or property damage and in particular I acknowledge I have been
advised that:
1.3.1 Diving with compressed air involves certain risks such as
decompression illness; embolism, other hyperbaric injuries and such injuries
may result in death or serious incapacity.
1.3.2 The injuries of the type referred to in clause 1.3.1 may require
treatment in a recompression chamber or other medical facility.
1.3.3 The activities may be conducted at a location that is remote either
in time and/or distance from a medical facility.
1.3.4 Scuba diving and snorkelling are physically demanding activities
that may cause personal injury, trauma, or death.
1.3.5 Scuba diving involves the use of equipment that may malfunction,
giving rise to the risk of injury, trauma, or death.
1.3.6 Snorkelling and scuba diving may involve exposure to the elements
such as, storms, wind, tide and naturally occurring events, as well as
harmful marine life.
Release discharge & indemnity
2.1 I unconditionally release and discharge Aqua Africa
from all liabilities, claims and causes of action that may occur from any
act, omission, default, failure or error on the part of Aqua Africa
(including any negligent act, omission, default, failure or error) occurring
wholly or partially during the course of the activities.
Indemnity
3.1 I agree to indemnify and keep indemnified Aqua Africa
from any liability, claim or cause of action that may be brought against
Aqua Africa as a result of or in connection with any act, omission, default,
failure or error on the part of Aqua Africa as a result of or in connection
with any act, omission, default, failure or error on the part of Aqua Africa
(Including any negligent act, omission, default, failure or error on the
part of Aqua Africa occurring wholly or partially during the course of the
activities).
3.2 I agree that Aqua Africa will not be liable for and waive any right to
claim any loss or damage, personal injury, death, economic loss or
consequential loss whether in tort, in contract, under statute or otherwise,
for any default, failure, negligence or error on the part of Aqua Africa.
3.3 If despite these terms, it is found that Aqua Africa is liable to
compensate me then such liability is limited to the cost of providing the
services in respect of which the liability arises.
Parent Guardian undertaking
4.1 Where this form is signed by the parent or guardian of a minor (being
a person under the age of 18 years), then the parent or guardian warrants
that the information contained in this form is true and correct and
personally covenants in the terms of this waiver, release and indemnity.
Statement of understanding
5.1 I acknowledge that I have read and understood the matters set out in
the above document.
5.2 I acknowledge that the conditions set out in this document are
contractual in nature, are intended to have legal effect and are not merely
a warning or recital.
5.3 I have agreed to this document of my own free will and without
representation or inducement by Aqua Africa; it's agents or employees.
Substance Abuse
6.1 I acknowledge that Alcohol and/or drugs, prescription or
otherwise are likely to have an impact on diver safety. I understand that it
is my responsibility to inform Aqua Africa staff where I have consumed
either prior to diving. Aqua Africa reserve the right to refuse to take
diving any individual considered to be impaired and therefore at risk - no
refunds will be applicable.
I have understood and accept these terms and conditions. All
the information provided is true to the best of my knowledge.
Name:____________________________
Date:________________________
Signature:______________________________________________________
Name of Guardian
_______________________________________________
Signature of Guardian
____________________________________________
Privacy Policy
Aqua Africa guarantees that we will not pass your details to
any other company without your permission. In such a case we would contact
you by phone or by email to gain your consent. If you do not give us your
consent, all information received from you will be kept completely
confidential and will not be disclosed to any other party.
AQUA AFRICA