Terms of service

Overview

  1. This website is operated by Dive Rutland Limited, who trade as Dive Rutland, at 2B Station Approach, Oakham, Rutland LE15 6QW. Throughout the Site, the terms "We","Us", "Our" and "the team" refer to Dive Rutland
  2. The following terms and conditions set out the basis on which all goods and services are sold by Dive Rutland Limited ("We", "Us", "Our", to the purchase, ("You", "Your") from our website ("the Site"), by Telephone or in person in store
  3. Registered in England and Wales 9433835

Agreement Between You and Dive Rutland Ltd.

These Terms and Conditions, together with our Privacy Policy and any applicable sign-up forms, order forms, or payment instructions, form the entire agreement ("Agreement") between you ("User") and Dive Rutland Ltd. ("We" or "Us") concerning any order we accept from you.

By browsing our website, placing an order online, via telephone, in-store, or through any social media communication channel, you agree to be bound by this Agreement, which governs all purchases of our services and products, excluding any other terms.

Key Terms of Agreement:

  1. Binding Agreement:

    • By accessing our website or purchasing products or services, you acknowledge and agree to these Terms and Conditions.
    • If you do not agree, you must refrain from accessing or using our website or services.

  2. Exclusivity:

    • Your use of our services signifies acknowledgment that any representations, warranties, or statements outside these Terms, Privacy Policy, or related forms and instructions are excluded.

  3. Applicability:

    • These Terms apply to all users of our website, including browsers, vendors, customers, merchants, and contributors of content.

  4. Changes and Updates:

    • We reserve the right to modify these Terms at any time by posting updates on this page. Continued use of our website after such changes constitutes acceptance of the updated Terms.
    • Please review these Terms periodically.

  5. Platform Hosting:

    • Our online store operates on Shopify Inc.'s e-commerce platform, which facilitates the sale of our products and services.

  6. Additional Features:

    • Any new features or tools added to our services will also be governed by this Agreement.

Section 2 - General Conditions

  1. Right to Refuse Service:

    • We reserve the right to refuse service to anyone, for any reason, at any time.

  2. Content Transfer:

    • Your content (excluding credit card information) may be transferred unencrypted and involve:
      a. Transmissions over various networks.
      b. Adaptations to conform to technical requirements of connecting networks or devices.
    • Credit card information is always encrypted during transfer over networks.

  3. Prohibited Use:

    • You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, the use of the Service, access to the Service, or any contact on the website through which the Service is provided, without our express written permission.

  4. Headings:

    • The headings in this agreement are for convenience only and do not affect the interpretation of these Terms.

Section 3 - Accuracy, Completeness, and Timeliness of Information

  1. Information Disclaimer:

    • We are not responsible for inaccuracies, incompleteness, or outdated information provided on this site. The content is offered for general informational purposes only and should not be relied upon as the sole basis for decision-making. For critical decisions, consult primary or more accurate sources. Any reliance on the site’s material is at your own risk.

  2. Historical Information:

    • This site may include historical data, which is provided for reference only and may not be current.

  3. Content Modifications:

    • We reserve the right to modify the site’s contents at any time. However, we have no obligation to update information on the site.
    • You are responsible for monitoring changes to the site.

Section 4 - Modifications to the Service and Prices

  1. Price Changes:

    • Prices for our products and services are subject to change without prior notice.

  2. Service Changes:

    • We reserve the right to modify, suspend, or discontinue the Service (or any part of it) at any time without notice.

  3. Liability:

    • We are not liable to you or any third party for any modifications, price changes, suspension, or discontinuation of the Service.

Section 5 - Products and Services

  1. Availability and Limitations:

    • Certain products or services may be available exclusively online through our website. These items may have limited quantities and are subject to return or exchange only in accordance with our Refund Policy

  2. Product Display Accuracy:

    • We strive to display product colours and images as accurately as possible. However, we cannot guarantee that your device's display will accurately reflect the actual colors of our products.

  3. Sales Restrictions:

    • We reserve the right, at our discretion, to limit the sale of products or services to any individual, geographic region, or jurisdiction. This decision may be made on a case-by-case basis.
    • We also reserve the right to limit the quantities of any products or services offered.

  4. Product and Pricing Changes:

    • Product descriptions, pricing, and availability are subject to change at any time without notice.
    • We reserve the right to discontinue any product or service at any time. Any offer made for a product or service on this site is void where prohibited.

  5. Quality Disclaimer:

    • We do not warrant that the quality of any product, service, information, or other material purchased or obtained will meet your expectations, or that errors in the Service will be corrected.

  6. Products marked as Special order or Special Product can not be returned (unless faulty - see warranty conditions) as these have been brought in specifically for you, so please ensure the product is EXACTLY as you require

  7. Products that are not eligible for return, include:

    1. Products that deteriorate quickly
    2. Products that have been personalised, made to measure or custom made specifically for you
    3. Products that are end of line, items that we can no longer replace, obtain parts for or repair.
    4. Items sold on clearance or secondhand, due to the nature of the sale
    5. Items have been specifically bought in for you, this also includes items marked as out of stock purchased by yourself and then ordered by us.
    6. Items marked as special order or special product

Our Shipping Policy can be read here

Section 6 - Accuracy of Billing and Account Information

  1. Order Refusal and Limitations:

    • We reserve the right to refuse any order you place with us.
    • At our discretion, we may limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed under the same customer account, using the same credit card, or with the same billing and/or shipping address.
    • If we modify or cancel an order, we will attempt to notify you using the email, billing address, or phone number provided at the time of purchase.
    • We reserve the right to prohibit orders that, in our judgment, appear to be placed by dealers, resellers, or distributors.

  2. Account Accuracy:

    • You agree to provide accurate, complete, and up-to-date purchase and account information for all transactions.
    • You must promptly update account details, including email addresses, billing information, and credit card details, to ensure seamless order processing and communication.

For more details, please review our Refund Policy:

Section 7 - Optional Tools

  1. Access to Third-Party Tools:

    • We may provide access to third-party tools that we do not monitor, control, or influence.
    • These tools are provided on an “as is” and “as available” basis without warranties, representations, or conditions of any kind. We do not endorse or assume liability for any use of these tools.

  2. User Responsibility:

    • Your use of third-party tools offered through our site is entirely at your own risk.
    • It is your responsibility to review and approve the terms and conditions set by the relevant third-party provider(s) before using such tools.

  3. Future Features:

    • We may introduce new services, tools, or features through the website in the future. These will also be governed by these Terms of Service.

Section 8 - Third-Party Links

  1. Third-Party Materials:

    • Our Service may include content, products, or services from third parties.

  2. Third-Party Websites:

    • Links to third-party websites are provided for your convenience. However, we are not affiliated with, nor do we evaluate or guarantee the accuracy of, content on these websites. We disclaim any responsibility for third-party materials, products, services, or websites.

  3. Liability Disclaimer:

    • We are not liable for any damages or harm arising from interactions with third-party websites, including but not limited to purchases, usage of goods or services, or reliance on third-party content.

  4. Due Diligence:

    • Before engaging in transactions with third parties, you are responsible for reviewing their policies and terms. Direct any complaints or questions about third-party products or services to the respective provider.

Section 9 - User Comments, Feedback, and Other Submissions

  1. Use of Submissions:

    • By submitting comments, creative ideas, suggestions, proposals, plans, or other materials (collectively, "comments"), you grant us the unrestricted right to edit, publish, distribute, translate, and use your comments in any medium without compensation or obligation.

  2. Content Monitoring:

    • We may monitor, edit, or remove content that we consider, in our sole discretion, to be unlawful, offensive, threatening, defamatory, obscene, or in violation of intellectual property rights or these Terms of Service.

  3. Content Restrictions:

    • By submitting comments, you agree that your content will not:
      • Violate any third-party rights, including copyright, trademark, or privacy.
      • Contain defamatory, abusive, obscene, or unlawful material.
      • Include malware, viruses, or harmful code.
      • Be deceptive, such as by using a false email address or impersonating another person.

  4. Responsibility:

    • You are solely responsible for the accuracy and legality of any comments you post. We assume no responsibility or liability for any user-generated content.

Section 10 - Personal Information

  1. Privacy Policy:
    • Your submission of personal information through our store is governed by our Privacy Policy

Section 11 - Errors, Inaccuracies, and Omissions

  1. Content Disclaimer:

    • Information on our site or within the Service may occasionally include typographical errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, shipping charges, transit times, or availability.

  2. Right to Update:

    • We reserve the right to correct errors, update information, or cancel orders at any time without prior notice, including after you have submitted your order.

  3. No Obligation to Update:

    • We are not obligated to amend or clarify information on the site or Service unless required by law. The absence of a "last updated" date should not imply that information is current.

Section 12 - Prohibited Uses

In addition to other restrictions outlined in these Terms, you agree not to use the site or its content for the following prohibited purposes:

  1. Unlawful Activities:

    • Engaging in any unlawful act or soliciting others to do so.

  2. Regulatory Violations:

    • Violating international, federal, provincial, or local regulations, rules, or laws.

  3. Intellectual Property Infringement:

    • Infringing upon our intellectual property rights or those of others.

  4. Harmful Conduct:

    • Harassing, abusing, insulting, defaming, slandering, intimidating, or discriminating based on protected characteristics such as gender, religion, race, or disability.

  5. False Information:

    • Submitting false or misleading information.

  6. Malicious Code:

    • Uploading or transmitting viruses, malware, or any code that could interfere with the functionality of the Service, related websites, or the Internet.

  7. Privacy Violations:

    • Collecting or tracking personal information without authorization.

  8. Unauthorized Activities:

    • Engaging in spamming, phishing, scraping, or other prohibited online practices.

  9. Obscene or Immoral Purposes:

    • Using the Service or site for any obscene or immoral purpose.

  10. Security Interference:

    • Attempting to circumvent security features of the Service or related systems.

We reserve the right to terminate your access to the Service or related websites if you violate any of these prohibited uses.

Section 13 - Disclaimer of Warranties; Limitation of Liability

  1. No Guarantee:

    • We do not guarantee that your use of the Service will be uninterrupted, timely, secure, or error-free.

  2. Accuracy of Results:

    • We do not warrant that results obtained from using the Service will be accurate or reliable.

  3. Service Availability:

    • We reserve the right to remove or cancel the Service at any time, without notice.

  4. "As Is" Basis:

    • The Service, along with all products and services provided, is delivered "as is" and "as available," without any warranties—expressed or implied—including implied warranties of merchantability, fitness for a particular purpose, durability, or non-infringement.

  5. Limitation of Liability:

    • Dive Rutland Limited and its directors, officers, employees, agents, contractors, and affiliates are not liable for any damages, including direct, indirect, incidental, punitive, or consequential damages, arising from your use of the Service or products purchased through it. This includes but is not limited to lost profits, lost data, or replacement costs.
    • If applicable law does not allow exclusions or limitations of liability for certain damages, our liability will be limited to the fullest extent permitted.

Section 14 - Indemnification

  1. Your Responsibility:
    • You agree to indemnify and hold harmless Dive Rutland Limited, its affiliates, officers, directors, employees, and agents from any claims or demands (including legal fees) arising from:
      • Your breach of these Terms of Service.
      • Your violation of applicable laws or third-party rights.

Section 15 - Severability

  1. Partial Invalidity:
    • If any provision of these Terms is deemed unlawful or unenforceable, it will still be enforced to the maximum extent allowed. The unenforceable part will be considered severed, and this will not affect the validity of the remaining provisions.

Section 16 - Termination

  1. Termination by User:

    • You may terminate these Terms by notifying us or ceasing use of the Service.

  2. Termination by Us:

    • We may terminate the agreement without notice if you fail to comply with these Terms. Upon termination, you remain liable for all amounts due up to the termination date.

  3. Survival of Obligations:

    • Obligations incurred before termination (e.g., payment) will survive the termination of this agreement.

Section 17 - Entire Agreement

  1. Complete Understanding:

    • These Terms of Service, alongside any policies posted on our website, constitute the entire agreement between you and Dive Rutland Limited regarding your use of the Service.

  2. No Waiver:

    • Failure to enforce any provision of these Terms does not waive our right to enforce them in the future.

  3. Ambiguities:

    • Any ambiguities in these Terms shall not be interpreted against the drafting party.

Section 18 - Governing Law

  1. Jurisdiction:
    • These Terms and any related agreements are governed by the laws of the United Kingdom.

Section 19 - Changes to Terms of Service

  1. Right to Update:

    • We reserve the right to modify these Terms at any time. Updates will be posted on this page, and it is your responsibility to review them periodically.

  2. Acceptance of Changes:

    • Continued use of the Service after changes are posted constitutes acceptance of the updated Terms.

Section 20 - Course Bookings

  1. Agreement to Terms and Conditions:

    • By enrolling in a training course with Dive Rutland, you agree to all the Terms and Conditions outlined below unless a First Aid Course then we refer you to the Terms and Conditions on our Rutland First Aid Training Webpage.
    • If you do not understand or fully agree to the Terms, it is your responsibility to seek clarification before proceeding.

  2. Deposit Payments:

    • By paying a deposit, you enter into a legally binding contract.
    • Should you fail to pay the remaining course fees, this will constitute a breach of contract. In such cases:
      • Dive Rutland reserves the right to retain your deposit in full.
      • Dive Rutland may seek to recover the remaining course fees.

  3. Course Availability:

    • All activities and courses are subject to availability.
    • Dive Rutland reserves the right to accept or decline bookings and withdraw any offers, discounts, or promotions at any time.

  4. Booking Confirmation:

    • A booking is only considered accepted once Dive Rutland has received the required payments and issued written confirmation.

  5. Flexible Scheduling:

    • Courses are offered on a flexible basis, allowing customers to select their preferred dates that suit them from the schedule options provided.
    • Once a date is agreed upon, Dive Rutland will allocate resources, including staff and materials.

  6. Rescheduling and No-Shows:

    Once a course has started or dates have been agreed and published (including fixed-date courses such as SSI Explorers or Junior Scuba Diver), those dates are reserved exclusively for you
    • Requests to change dates on a started or fixed-date course may incur a rescheduling fee, as instructor time, pool space, facilities, and materials have already been allocated.
    • Failure to attend a scheduled session without a minimum of 21 days’ prior notice, or missing any part of the course, will be treated as a no-show and a reschedule/no-show fee will apply.
    • Where more than 21 days’ notice is given before the course start date, Dive Rutland will aim to reschedule at no additional charge. Any payments made will remain as a credit for up to 12 months.
    • For published courses with fixed dates, rescheduling is subject to availability and cannot be guaranteed and will incur a rescheduling fee

Section 21 - Medical Declarations

  1. Mandatory Medical Documentation:

    • All students enrolling in a diver-training programme are required to accurately complete the mandatory training course documentation.
    • Please ensure you have read the medical questionnaire prior to booking or paying for any course.  If a medical sign-off is required, this must be obtained in advance of your course start date.

  2. Declaration of Medical Conditions:

    • Any known medical condition(s) must be declared and notified to Dive Rutland before the commencement of any water-based dive course.
    • If your medical condition changes then you should readdress your medical questionaire and see if the status changes requiring a medical signoff.

  3. Failure to Declare Medical Conditions:

    • If a medical condition, required to be disclosed under the WRSTC Medical Declaration form, is not declared and later becomes known:
      • The student will be suspended from the course until a satisfactory medical certificate is provided.
      • If a medical certificate cannot be obtained, course fees will not be refunded.

  4. Delays Due to Medical Certificates:

    • If a medical certificate is not available at the start of the course, rescheduling fees will apply to arrange alternative course dates.  If your course start date is delayed and course prices change then you will be charged the difference.

Section 22 - Course Deposits and Fees

  1. Booking and Payment:

    • All courses require advance booking. The final payment is due on the first day of your course, unless interim payments have been agreed upon.
    • The receipt of a part payment and completed booking form will release your course materials, and your course dates will then be confirmed.
    • Upon acceptance of your booking, Dive Rutland will provide any required course materials, which are included in your course fee.

  2. Open Water Course Pricing:

    • Open Water course pricing assumes that the student will complete the confined water sections (five sessions) within six pool sessions, providing over 12 hours of confined water time. If additional sessions are required, they will be charged on a per-session basis.
    • Open Water pricing also assumes the completion of four open water dives over two days at the agreed training location. Additional open water sessions, if necessary, will be charged at the Workshop Open Water Recreational Day Rate.
    • If Open Water dive 2 is completed, the Scuba Diver certification will be processed. Students can opt for additional open water training dates or take an Open Water referral, which will be charged accordingly.

  3. Open Referral Water Course Pricing:

    • For Open Referral Water courses, five pool sessions are included, providing over 10 hours of confined water time. Additional sessions will be charged at the Workshop Coaching Session pool rate.

  4. Continued Education/Specialty Courses:

    • Pricing for continued education or specialty courses assumes that the student will meet performance requirements within the allocated time (e.g., a 2-dive specialty on the same day).

  5. Professional Courses (Divemaster and ITC):

    • Professional course materials must be paid in advance, prior to release. Only after payment and receipt of the completed booking form will your course pack be issued.
    • Divemaster courses require attendance at mandatory theory workshops.

  6. Deposit and Payment Validity:

    • Course deposits and payments are valid for six months. Extensions can be negotiated by contacting Dive Rutland before the six-month period ends; fees may apply.
    • Deposits are non-refundable unless the course cannot commence due to medical reasons (see Medical Cancellation).

  7. Performance Requirements and Additional Fees:

    • If performance requirements are not met, additional fees will be charged to cover the extra training, billed at the Workshop Open Water Recreational Day Rate.

  8. Non-Attendance and Rescheduling Fees:

    • Non-attendance at scheduled sessions without prior notice will incur a no-show session fee.
    • Rescheduling fees apply, and any changes to course dates will incur an administration fee unless otherwise agreed.
    • For cancellations or changes, if no prior notice is given (less than 21 days), the student will be charged a reschedule fee and a no-show fee.

  9. Exclusions:

    • All courses exclude the cost of entry to dive sites, boat fees, and transportation unless otherwise stated.

  10. Certification and Payment:

    • Your certification will be withheld if your course balance remains unpaid.
    • All PADI and SSI training is valid for 12 months from the last documented training session. If training extends beyond this period, additional sessions may be required, and fees will apply.

  11. Rescheduling and No-Shows:

    • If you fail to attend a scheduled session without prior notice (21 days), or miss components of the course, a reschedule and no-show fee will apply.
    • If you provide more than 21 days’ notice, Dive Rutland will aim to reschedule your course at no extra charge, and any part payments will remain in credit for up to one year.

  12. Cancellation (Non-Medical):

    • Customers can cancel their course up to 7 days after booking (date of invoice), with a refund provided:
      • Physical materials are returned clean and unmarked in the original packaging.
      • eLearning materials cannot be refunded once allocated.
      • Cancellations must occur at least 21 days before the course start date.
      • A £25 admin fee and a 4% surcharge will apply to refunds made via credit/debit card.

  13. Cancellation (Medical):

    • For course cancellations or rescheduling due to medical reasons, a medical certificate from your GP must be provided within 7 days.
    • Failure to provide the certificate will result in the listed rescheduling fee being charged.
  14. Course Modifications and Cancellations by Dive Rutland:
    • If Dive Rutland cannot deliver the course on the pre-arranged dates, we will notify you as early as possible and reschedule the course. We reserve the right to cancel or postpone pool and classroom sessions, or courses, if necessary (e.g., due to instructor availability or unsafe weather conditions).
  15. Additional Fees 
    • Fee Description  Fee Per Person
      No Show - Open Water Session £150.00
      Rescheduling - Fee Open Water Sessions
      		 £85.00
      No Show / Missed Session Charge  - Pool Session £150.00
      Rescheduling Fee - Pool Sessions £85.00

       

      Why the charges? When a course has been scheduled, we make arrangements for the provision of staff, materials, pool and site bookings along with a number of other arrangements which all have associated costs. 

Section 23: Personal and Credit Card Details

  1. Personal Information Retention:
    Dive Rutland is required to retain your personal details for a period of 7 years, in compliance with the requirements of our training agencies

    • We will treat your personal details with respect and confidentiality and will not share them with any third party.

  2. Credit Card Information:

    • Dive Rutland does not retain any credit card details.

Section 24: Equipment

  1. Dive Rutland Equipment Responsibility:

    • Candidates using Dive Rutland's equipment, or equipment provided by Dive Rutland Dive Professionals, are responsible for that equipment.
    • Any loss or damage caused will be charged to the candidate.
    • A Buoyancy Control Device (BCD) and Dive Computer must be worn during all open water activities.

  2. Personal Equipment:

    • Students using their own diving equipment must inform the course instructor in advance.
    • Students must provide proof that their equipment has been serviced according to the manufacturer's or industry standards and requirements.
    • All personal equipment must be CE rated.

    • Students are responsible for ensuring that any personally supplied equipment, including masks, snorkels, fins, exposure protection and accessories, is suitable, correctly fitted and comfortable for use during training and diving activities.

      Dive Rutland cannot accept responsibility for training delays, aborted dives, missed skills, or additional training requirements arising from issues relating to personally supplied equipment.

      Where additional sessions, dives, instructor time, pool sessions or open water training are required as a result of equipment issues, standard training rates will apply.

Section 25: General Rules

  1. Compliance with Dive Rutland Rules:

    • Candidates agree to abide by the rules and decisions of Dive Rutland, its staff, and subcontractors during all diving activities.

  2. Course Termination and Refund Policy:

    • There is a no refund policy for any course that has been started and then subsequently terminated by either the student or Dive Rutland.
    • We recommend that students take out insurance to cover any potential cancellations or interruptions.

  3. Student Responsibility for Attendance and Completion:

    • Dive Rutland will make every effort to help students progress successfully through the course.
    • However, we cannot be held responsible if a student fails to attend, withdraws from any part of the course, or is unable to complete the course.

  4. Course Requirements and Certification:

    • Course objectives must be met, and all skills must be mastered to the satisfaction of the Dive Rutland Instructors before certification can be issued.

Section 26: Secondhand Items - Terms and Conditions

1. General Terms for Secondhand Items

All secondhand items sold by Dive Rutland Ltd., whether online or in-store, are subject to the following terms and conditions. It is the buyer’s responsibility to read and understand these terms before purchase. By purchasing a secondhand item, the buyer agrees to these terms

2. Online Sales of Secondhand Items

(Sales Facilitated on Behalf of Private Sellers – Private Sales)

  1. Nature of Sale
    Dive Rutland Ltd. acts as a facilitator for the sale of secondhand items on behalf of private individuals. These items are not the property of Dive Rutland Ltd., and as such, the sale is classified as a private sale, not a business-to-consumer (B2C) transaction.
  2. Sold As-Is:
    • All secondhand items are sold on an "as-is" basis, with no warranties, guarantees, or assurances as to their condition, performance, or suitability for use. By purchasing a secondhand item, the buyer acknowledges and accepts that the item may show signs of wear and use.

  3. Consumer Rights Act 2015

    • As these sales are facilitated on behalf of private individuals, they do not fall under the Consumer Rights Act 2015 in the same way as direct business sales. This means that statutory rights related to refunds, repairs, or replacements do not apply.

  4. Inspection and Description:

    • Buyers are responsible for reading item descriptions carefully before purchase. Where available, service history will be provided, but Dive Rutland Ltd. does not guarantee its accuracy(unless an ex-school item being sold). It is the buyer’s responsibility to inspect and assess the suitability of the item before purchase. All product descriptions have an internal reference at the bottom of the description; this tells you who the product belongs to / is being sold on behalf of.

  5. Unserviced Items:

    • Items marked as "unserviced" may require servicing before use. Servicing can be arranged for an additional charge. Dive Rutland Ltd. does not accept liability for any issues arising from prior use or condition.

  6. Ownership and Liability:

    • As Dive Rutland Ltd. is acting only as a facilitator for the sale, we do not verify previous ownership or service history in all cases. The buyer assumes full responsibility for ensuring the item meets their needs.

  7. No Returns, Refunds, or Exchanges
    • Due to the nature of these sales, all purchases are final. Dive Rutland Ltd. does not accept returns, offer refunds, or facilitate exchanges on secondhand items

3. In-Store Sales of Secondhand Items

(Sales May Be Either Business-to-Consumer or Private Sales – Distinctions Apply)

  1. Ownership and Sale Type
    Secondhand items sold in-store may be:

    • Owned by Dive Rutland Ltd. (in which case normal consumer rights apply).

    • Sold on behalf of private individuals, in which case the sale is classified as a private sale and is not subject to the Consumer Rights Act 2015 in the same way as a business-to-consumer sale.

  2. Sold As-Is
    All secondhand items are sold as-is, with no warranties or guarantees beyond what is explicitly stated in the product description. Buyers accept the items in their current condition, which may include signs of wear and use.

  3. Consumer Rights

    • If the item is owned by Dive Rutland Ltd., buyers have rights under the Consumer Rights Act 2015 regarding product quality, description, and fitness for purpose.

    • If the item is sold on behalf of a private individual, it is classified as a private sale, meaning statutory consumer rights related to refunds, repairs, or replacements do not apply.

  4. Inspection Before Purchase
    Buyers are responsible for inspecting all secondhand items before purchase. Where available, service history will be disclosed, but Dive Rutland Ltd. does not guarantee accuracy. All product descriptions have an internal reference at the bottom of the description; this tells you who the product belongs to / is being sold on behalf of.

  5. No Returns, Refunds, or Exchanges
    Due to the nature of secondhand sales, all purchases are final. Dive Rutland Ltd. does not accept returns, offer refunds, or facilitate exchanges on secondhand items unless required by law.

  6. Unserviced Items
    Items marked as "unserviced" may require servicing before use. Servicing can be arranged for an additional charge, but Dive Rutland Ltd. does not accept liability for prior use or condition..

5. Additional Notices for In-Store Sales

    • Customers purchasing secondhand items in-store may be asked to acknowledge and accept these terms before completing the transaction.
    • Staff are available to clarify any questions regarding secondhand sales before purchase.

By purchasing a secondhand item from Dive Rutland Ltd., whether online or in-store, you acknowledge and agree to these terms.

Section 27: Force Majeure

  1. Definition:
    • A Force Majeure Event is any event beyond the reasonable control of the affected party that cannot be reasonably anticipated or avoided.
  2. Limitation of Liability:
    • Dive Rutland shall not be held liable for any delay or failure to provide a course as a result of a Force Majeure Event.
  3. Postponement Due to Force Majeure:
    • If a course is postponed due to a Force Majeure Event, both parties shall act in good faith to agree on a new date for the course.
  4. No Liability for Loss or Damage:
    • Dive Rutland will not be liable for any loss or damage suffered by you resulting from delays, failure to fulfil obligations, or failure to discharge any part of the contract, to the extent that such delays or failures are caused by circumstances beyond our reasonable control.

Section 28: Notices

  1. Notices from You to Us:

    • Unless otherwise expressly stated, all notices from you to us must be in writing and sent to our contact address.

  2. Notices from Us to You:

    • All notices from us to you will be displayed on our website, sent via mailshot or email, or shared through our social media channels.

Section 29: Entire Agreement

  1. Complete Agreement:

    • These terms and conditions form the entire agreement between us regarding any booking and supersede all prior agreements or communications.
    • You acknowledge that you have not relied on any statements, promises, representations, assurances, or warranties not set out in these terms and conditions.

  2. Statutory Rights:

    • Nothing in these terms affects your statutory rights, nor excludes or limits liability beyond what is permitted by applicable law.

  3. Modification of Terms:

    • We reserve the right to amend these terms and conditions at any time. You should review them periodically for any changes.

Section 30: Applicable Law

  1. Governing Law:

    • These terms and conditions, and their subject matter and formation, are governed by English law.

  2. Jurisdiction:

    • Both parties agree that the courts of England and Wales will have non-exclusive jurisdiction in relation to any dispute or claim concerning these terms and conditions, including non-contractual disputes or claims.

Section: 31: Technical Course

Our Technical courses are currently supplied by external technical instructors supported by Dive Rutland Technical Instructors. Dive Rutland, facilitate your course booking and provide access to the e-learning course materials as part of your course fee, but ALL other aspects of the course are provided direct by our External Technical Instructors and therefore the course booking is subject to their Terms and Conditions.

Section 32: Trips - UK Destinations

Booking

    • We must receive a deposit as stated in the trip details in order to secure your booking.
    • Your space is booked and secure once your deposit is received.
    • Your deposit is not refundable.
    • If you pull out of the trip you are still liable for the amount owed unless you can sell your spot on. If there is a waiting list for the trip we will inform the waiting list on your behalf.
    • Any costs incurred by the change will be your responsibility.
    • Full payment is required 24 weeks prior to departure or as per the trip booking supplier's terms and conditions
    • All diving is to be undertaken within the scope of Your training
    • No liability will attach to Dive Rutland Limited in respect of any loss or damage or personal injury whilst on any organised trip by Dive Rutland


Cancellation

    • Dive Rutland will inform you of any changes or cancellations with as much notice as possible
    • Where a Boat Operator has cancelled a Boat Dive - subject to the Terms and conditions of the operator one of two things will occur. The booking will be carried forward to a reschedule date or a refund in full
    • If the weather or any circumstances beyond the control of Dive Rutland cause the Shore Dive to be delayed, changed or cancelled, no liability can be accepted by the aforesaid parties for consequential loss, damage or any expense incurred
    • We recommend that you take out insurance to cover any cancellations

Other Destinations

    • We must receive a deposit as stated in the trip details in order to secure Your booking
    • Deposits are non-refundable
    • You are subject to the Terms and Conditions set out by our Trip provider
    • If you are unable to attend after paying for the trip then subject to the Terms and Conditions of the Trip provider You might be able to resell your space to recoup your costs; any costs incurred by the Dive Centre in adjusting the booking will be charged.
    • We recommend that you take out insurance to cover any cancellations, diving injury treatment and medical repatriation
    • No liability will attach to Dive Rutland Limited in respect of any loss or damage or personal injury whilst on any organised trip by Dive Rutland


SECTION 33 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at info@diverutland.com

Our contact information is posted below:

Dive Rutland

2B Station Approach

Oakham

Rutland

LE15 6QW

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