1. General definitions
a. At Divers Choice Curaçao: the diving school where the customer can follow training, rent diving equipment or take diving trips from a boat.
b. Customer: the person being educated, going on boat trips, or renting equipment at At Divers Choice Curaçao.
c. Training spot: the right to partake in a series of lessons on established dates that are part of a full training course.
d. Reservation/booking: An agreement between the customer and At Divers Choice Curaçao that entitles a training spot, a boat dive, other diving trips or the use of diving equipment for a certain period.
2. Reservations/bookings for training courses and/or boat trips
a. A reservation/booking for a training course, boat dive or boat trip can be made through the website or sent to info@diverschoicecuraçao.com.
b. Every reservation made in a different manner than previously mentioned will not be accepted as a valid booking, and therefore will not be processed.
c. A customer must have reached the age of 18 on the date the booking was made. If this is not the case, At Divers Choice can freely choose to not process the booking, or cancel and/or reverse the booking..
d. At Divers Choice Curaçao will send an email confirmation based on the booking made by the customer, to the email address provided in the booking.
e. At Divers Choice Curaçao assumes that the customer has provided the correct email address while booking and also assumes that the customer has access to the emails being sent to this address.
f. From the moment of the booking placement, At Divers Choice will reserve a spot in the boat trip/training course this reservation is regarding, for the person that has placed the booking, for the duration of the approval of the payment transaction (2 days).
g. As soon as the term for the payment transaction for a booking has passed and/or is rejected, At Divers Choice reserves the right to make the reserved spot available to the market.
h. A reservation or booking is related to a reserved spot on a certain date, and only on this particular date. Only after consultation and approval of At Divers Choice Curaçao, exceptions can be made.
i. A reservation or booking for a training course or boat trip, gives entitlement to partake in this activity, as soon as the payment transaction is processed an approved, and the confirmation email of At Divers Choice Curaçao is sent to the customer. The booking then becomes definitive.
j. At Divers Choice Curaçao can refuse to let the customer to partake in the boat trip or training course when the training course or boat trip has not been fully paid.
k. When equipment is included in the booking for a training course, the digital materials will be sent to the customer per email, and the diving equipment will be delivered on the first day of the training course for during the course.
3. Medical declarations and the diving rules of conduct
a. After the reservation, At Divers Choice Curaçao will send the customer a form for a medical declaration - as recently prescribed by PADI - and the declaration of understanding of correct diving behavior- also as recently prescribed by PADI at the email address provided by the customer in the booking.
b. At Divers Choice Curaçao may ask the customer to read the medical declaration, and to fill it in in true and complete manner, and sign it.
c. At Divers Choice Curaçao may ask the customer to read the declaration of understanding of correct diving behavior, and to fill it in true and complete manner, and sign it.
d. If the customer has answered a question on the medical declaration with YES, the customer has to arrange a letter of approval, written by a medical examiner for diving, before this customer can enter the training course.
e. At the very least, the customer needs to bring a filled in and signed medical declaration, a filled in and signed declaration of understanding correct diving behavior, and if applicable a signed letter of approval, to the first training lesson.
f. If the customer does not comply with terms 3b, 3c, 3d or 3e, At Divers Choice Curaçao may refuse to train the customer.
g. If the customer does not comply with terms 3b, 3c, 3d or 3e, the educational costs still remain payable by the customer.
h. If, following the circumstances occurring in term 3f, the customer cannot participate in the training course or boat dive, At Divers Choice Curaçao will make efforts to let the customer participate in the course at a later moment.
i. If the customer, following the circumstances mentioned in term 3h, decides to cancel the reservation, a cancellation fee of 20% of the total amount will be charged.
j. If the customer complies with terms 3a, 3b, 3c but does not get a signed letter of approval from the medical examiner and is not found fit for the diving sport, and with that unfit for the course signed up for, the customer is entitled to a full refund of the paid amount, consisting of the total amount paid up to that moment.
4. Force majeure - circumstances beyond our control
a. At Divers Choice Curaçao is complied to deliver the services agreed upon, except in a case of force majeure or circumstances beyond their control.
b. Force majeure to act in compliance with the agreement by At Divers Choice Curaçao occurs when acting in accordance with the agreement is hindered by circumstances beyond the control of At Divers Choice Curaçao. These include threat of war, employee strikes, blockades, fire, floods and other disruptions or events that don’t belong to the risks attached to the business operations of At Divers Choice Curaçao.
c. At Divers Choice Curaçao is required to make a one-time offer of alternative course or training dates when these were cancelled in case of force majeure.
5. Payment
a. Payment will be made in response to receiving a payment transaction or a received invoice.
b. In case of a sent invoice, payment will be made within two working days after placing a reservation/booking.
c. The total billed amount on the invoice has to be fully paid within two days after the issuing date mentioned on the invoice, on the bank account named on the invoice.
6. Issuing a diving certificate
a. If, and when a training course is completed with the issuing of a diving certificate, and if the customer has complied with all the implementation requirements (as prescribed by PADI) for a diving course, and if the customer has complied with all the payment conditions, At Divers Choice Curaçao will issue a diving certificate.
b. The instructor, appointed, hired and deployed by At Divers Choice Curaçao will evaluate whether the customer has complied with all the implementation requirements.
c. At Divers Choice Curaçao follows the judgment of this instructor, unless there is reasonable proof that this instructor applies different implementation requirements than the requirements prescribed by PADI.
7. Cancellation by the customer
a. Within the two days of payment between the reservation and the set payment period, the customer remains the right to cancel a booking or reservation, whereby all agreements between At Divers Choice Curaçao and the customer lapse.
b. If a customer cancels a booking within the set payment period, and this is done 4 weeks or more before the start of the course, no cancellation fee will be charged to the customer.
c. If a customer cancels a booking within the set payment period, and this is done in 4 weeks or less before the start of the course, the client will be charged with a cancellation fee consisting of 15% of the total amount in the booking and/or invoice.
d. If a customer cancels a booking within the set payment period, and this is done in 1 week or less prior to the start of the course, the client will be charged with a cancellation fee consisting of 30% of the total amount in the booking and/or invoice.
e. If a customer books within 1 week prior to the start of the course, doesn’t pay within the set payment term and does not cancel, article 2 term i is set in place, and the customer is charged with a cancellation fee consisting of 30% of the total amount mentioned on the booking and/or invoice.
f. If there is a case where the customer has to cancel a reservation because of circumstances beyond their control, force majeure, the customer will not be charged with a cancellation fee.
8. Cancellation by At Divers Choice Curaçao
a. At Divers Choice Curaçao reserves the right to cancel a reservation/booking, requirements between At Divers Choice Curaçao and the customer lapse, and possible costs related to the reservation/booking will be refunded.
9. Early termination and refunds
a. If the customer wishes to prematurely terminate a training course, in any other case than because of force majeure, the customer will not receive any refund of the made payments related to training course.
b. If the customer wishes to prematurely terminate a training course, in cases of force majeure and extraordinary circumstances, a refund will be given of made payments related to the training course regarding, for a maximum of an amount in proportion to the part of the course the customer is not able to follow, with an exception for the amounts that are related to the provided education materials.
10. Training dates
a. The customer can only follow the training course that they have booked on the dates mentioned on the website of At Divers Choice Curaçao, on the date of the booking placement for this training course, consistent with the class, group or start date chosen at the placement of the reservation or the confirmation of the booking.
b. If the customer wishes to deviate from these conditions, this is only possible after consultation with and approval of At Divers Choice Curaçao.
c. At Divers Choice Curaçao does not undertake actions to enable or organize alternative training days or classes, if a customer is not able to attend one or more training days for for any given reason.
d. A customer is not entitled to a refund of costs relating to classes or training days that the customer was not able to follow or attend.
11. Use of diving equipment or basic snorkeling equipment
a. If the customer rents diving equipment or a snorkeling set, or has loaned any equipment from At Divers Choice Curaçao for the duration of a training course or boat trip, the customer is required to take the necessary care in respect of such materials.
b. In the event of loss or theft, the customer will be charged with the purchase value of the diving or snorkeling equipment by At Divers Choice Curaçao.
c. If it is determined that diving or snorkeling materials have been damaged or failure has been detected, the customer will be charged with the costs of repair or replacement of these materials by At Divers Choice Curaçao.
d. If a customer wishes to rent materials at At Divers Choice Curaçao, a separate rental agreement will be signed for this.
e. To be able to rent diving or snorkeling equipment, the customer needs to leave behind a valid Credit Card or a deposit at At Divers Choice Curaçao. The deposit will be given back to the customer after the diving or snorkeling materials have been returned without damage or defect.
12. Personal data
a. At Divers Choice Curaçao confirms that all personal data given by the customer will be treated as confidential and will therefore not be traded, loaned out or granted to third parties, unless At Divers Choice Curaçao is required to do so by law.
b. At Divers Choice Curaçao may send the customer promotions of products and services owned based on the personal data the customer has provided to be able to take part in events and courses, when given prior consent by the customer.
13. Price modifications
At Divers Choice Curaçao reserves the right to at all times change the prices of products or services provided without giving notice beforehand, except in case of closed agreements and current reservations and/or bookings.
14. General
a.These general terms and conditions apply to all reservations, bookings and purchases, done with and at At Divers Choice Curaçao.
b.When partaking in the activities organized by At Divers Choice, it is strictly prohibited to do the following:
- To cause hinder of any kind, for fellow passengers, employees of At Divers Choice Curaçao or other ships. .
- To excessively use alcohol.
- To carry or bring aboard drugs, weapons or dangerous fluids, while on the Santis Wave Runner.
- Aboard the Santis Wave Runner, there are life vests that can be used free of charge during the boat trips.
To all agreements made with At Divers Choice Curaçao, is the law of Curaçao applicable. In all cases the Court of Curaçao is exclusively competent to take note of these disputes