TERMS and CONDITIONS for the Booking and Provision of Courses
This page (together with the documents referred to on it) sets out the terms and conditions under which we provide the Courses listed on our website www.thescubaschool.co.uk (the Site). Please read these terms and conditions carefully before booking any Courses from the Site. You should understand that by booking any of our Courses, you agree to be bound by these terms and conditions.
You should print a copy of these terms and conditions for future reference.
Please understand that if you refuse to accept these terms and conditions, you will not be able to book any Courses from the Site.
1. INFORMATION ABOUT US
1.1 The Courses are supplied by TheScubaSchool Ltd (TSS, we, us, our). We are registered in England and Wales under company number 13904859 and with our registered office at The Pines, 12 Mascalls Park, Paddock Wood, Tonbridge, TN12 6LW.
All enquiries should be directed in the first instance to our Support Centre:
TSS Support Centre (Support Centre)
Tel: 01892 351710
Our Courses are conducted at TUNBRIDGE WELLS SPORTS CENTRE, the details of which are:
TUNBRIDGE WELLS SPORTS CENTRE
St John’s Rd, Royal Tunbridge Wells, TN4 9TX
2. SITE AVAILABILITY AND ABOUT YOU
2.1 The Site is only intended for use by people resident in the UK. We do not accept bookings from individuals outside of the UK.
2.2 By making a booking through the Site you confirm that:
2.2.1 You are at least eighteen (18) years old;
2.2.2 You will complete the student forms provided to you once the course has been booked, which will include a Diver Medical Participant Questionnaire, Statement of Understanding, Liability Release, Student Profile and if the participant is under the age of 16 a Youth Diving Responsibility and Risks form;
2.2.3 You have not previously been asked to leave a TSS course.
3. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
3.1 Your booking constitutes a request to us to reserve a place for you on a Course with a specific start date (Course Commencement Date). All bookings are subject to acceptance by us, and we will confirm such acceptance to you by sending you an email confirming that a place has been reserved for you on the Course. The contract between us (Contract) will only be formed when we send you the Course Confirmation.
3.2 The Contract will relate only to those Courses for which we have booked online at www.thescubaschool.co.uk and any additions you have selected when booking the course.
4. INSTALMENT POLICY AND INSTALMENT FEE
4.1 An option to pay TSS course fees by instalments may be available on TSS courses which are 5 hours or more long.
4.2 Instalment payments require an initial deposit of £95 with the remaining amount spread over the weekly lessons ending one lesson before the end of the course and can be paid by debit/credit card upon arrival to each pool session. The TSS does not apply an additional administration charge for instalments.
4.3 Where an instalment option is available and a request to pay by instalments is made and accepted, a written instalment plan setting out the instalment terms and conditions and payment amounts and dates will be issued.
4.4 The full course fee and instalments against it remain payable in the event that you withdraw from the course once enrolled unless the Refund Policy applies.
4.5 Where an instalment request is declined or withdrawn, the course fee is payable in full within 5 days of the notification of the decision.
5. CANCELLATION OF COURSE BOOKING POLICY
5.1 You may cancel a Course booking within 48 hours of booking, providing the course has not yet begun or if outside 48 hours from the original booking, a maximum of 28 days prior to the course date. In both cases, you must inform us in writing.
5.2 If after booking your course you answer yes to any medical question, should a medical professional deem you unfit to dive a full refund will be given on receipt of the required signed medical questionnaire.
6.PRICE AND PAYMENT
6.1 You will be responsible for paying us the Course Fee unless you cancel your booking within the period of eligibility for a refund as set out in our refund policy and our cancellation policy.
6.2 If a Course Fee is due to us and either your Course is not eligible for payment by instalments, or the Support Centre decides that you are not eligible to pay us by instalments, we will use the payment details you provided at the time of booking to process payment of the Course Fee.
6.3 If a Course Fee is due to us and your Course is eligible for payment by instalments and you have requested payment by instalments at the time of making your Course booking, then, subject to approval, the Support Centre will be in touch with you to make arrangements for paying both the initial Course Fee and the remainder by instalments.
6.4 The Course Fee will be as quoted on the Site from time to time, except in cases of obvious error.
6.5 Course Fees are liable to change at any time, but changes will not affect bookings in which we have already sent you a Course Confirmation.
6.6 It is always possible that, despite our best efforts, some of the Courses listed on the Site may be incorrectly priced. We will normally verify prices as part of our Course Confirmation procedures so that, where the correct price for a Course is less than our stated price, we will charge the lower amount when sending the Course Confirmation to you. If the correct price for a Course is higher than the price stated on the Site, we will normally, at our discretion, either contact you for instructions before sending you a Course Confirmation or reject your booking and notify you of such rejection.
6.7 We are under no obligation to book you on a Course at the incorrect (lower) price, even after we have sent you a Course Confirmation if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
6.8 Unless you are paying by instalments (see 6.3), all payments for Courses must be made at the time you make your booking.
7.OUR REFUNDS POLICY
7.1 If we cancel a Course before the Course begins, or up to and including the second session, you will be eligible for a full refund of the Course Fee.
7.2 We will usually refund any money we receive from you within 30 days of receiving your cancellation request providing it is in accordance with the provisions for refund eligibility described in the Cancellation Policy. The refund will be made using the same method you originally used to make your booking.
7.3 If you cancel and you are ineligible for a refund and you are experiencing financial hardship / exceptional circumstances, you may apply in writing via e-mail to the Support Centre for your request to be considered. The decision of the Support Centre is final and no correspondence will be entered into.
8. OUR LIABILITY
8.1 Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to a refund of the Course Fee that you paid us.
8.2 Our liability shall not extend to loss of income, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, or any indirect or consequential loss, damage or expense.
8.3 This clause does not limit in any way our liability resulting from any fraud or misrepresentation, or for death or personal injury caused by our negligence.
9. WRITTEN COMMUNICATIONS
9.1 Applicable laws require that some of the information or communications we send to you should be in writing. When using the Site, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
10. TRANSFER OF RIGHTS AND OBLIGATIONS
10.1 The Contract between you and us is binding.
10.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
10.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
11. EVENTS OUTSIDE OUR CONTROL
11.1 We will not be liable or responsible for any failure to perform or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.
12.1 If any of these terms and conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
13.1 We process information about you in accordance with our Privacy Notice. By using the Site, and agreeing to the contractual declaration you consent to such processing and you warrant that all data provided by you is accurate.
14. ENTIRE AGREEMENT
14.1 These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
14.2 We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
15. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
15.1 We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities.
15.2 You will be subject to the policies and terms and conditions in force at the time that you book Courses with us.
16. LAW AND JURISDICTION
16.1 Contracts for the purchase of Courses through the Site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the courts of England.