Terms and Conditions
General Terms and Conditions for this website
RETURNS & REFUND POLICY
We are amidst a very challenging time and dealing with something that has not been seen before in our lifetime. At this point in time, we have to consider the needs of our customers and also the needs of our staff and their families. With this in mind, we have endeavoured to create a fair policy to deal with this never before seen situation which is also in line with the rest of the travel and tourism industry.
This policy applies to ALL bookings made up to 31 December 2020 on all courses and dive trips booked directly with us.
Customers who have booked courses and due to concerns over the Coronavirus wish to cancel their booking can do so anytime up to 48 hours prior to the course start date. At this point, the participants will be provided with a Gift Certificate equal to the value of their course less any out of pocket expenses incurred ie. eLearning or hardcopy materials.
If you are ill or may have been exposed, you can cancel anytime up to the start date of your course, all rebooking fees will be waived and a Gift Certificate to the value stated above will be issued.
If you choose not to show up without notifying us in advance, you will forfeit your entire booking.
The Gift Certificates issued will be valid for 12 months from the date of issue and should the need arise due to the evolving nature of this situation we will consider honouring them beyond that time.
Notifications are to be made to support@Abyss.com.au
Travellers who may not be able to use the credit can check with their travel insurance companies for coverage which may be an option for policies started prior to the Pandemic.
Dive Course Bookings:
The following terms and conditions apply for dive course bookings:
- You are entitled to a full refund less the price of training materials supplied if you cancel up to seven (7) days prior to the commencement of the course. Where there is less than seven days notice before the course start date there will be no refund payable.
- Bookings made within seven (7) days prior to the scheduled commencement date of a dive course are non-refundable.
- If you have chosen the eLearning option for a course, you will lose the cost of the eLearning option (price varies depending on the course but is equal to the amount PADI charge for that eLearning option at the time of cancellation).
- Once you start/commence the course and wish to cancel then no refund can be provided.
- Once you begin a dive course and you complete the course on a different date (on a date other than the one stipulated in the course) a $100 fee ($125 for budget courses) will apply. Please note that PADI requires that all training for the Open Water Diver course must be completed within 12 months of commencement.
- Note: Some courses require a mandatory Dive Medical to be completed if you answer "YES" for any of the questions in the Divers Medical Questionnaire. The Dive Medical should be completed no later than seven (7) days prior to the course commencement date. Failure to notify us seven (7) days prior to the dive course start date of a failed Dive Medical will result in the loss of all payments and there will be no refund provided.
Transfer / Change Of Course Commencement Date
- No fee will apply if you notify us for a transfer/change up to seven (7) days prior to the course start date.
- Within seven (7) days of a course start date, a $100 fee will apply if you decide to change or transfer to another start date.
Dive Gear And Products:
Try it, love it or swap it.
We want you to love the dive gear you buy from us. We guarantee that at any time during the first 30 days of purchase if your product fails to meet your expectations, we will exchange it.
We want to make it easy for you.
Sometimes we make the wrong choice. Let us help you fix that. Products that are returned in absolute new/unused condition within 30 days of purchase will be fully refunded.
Note that we want you to be an Abyss customer for life and we will do everything in our power to assist you with any issues you might have with the product you've purchased from us.
Dive Travel And Trip Bookings:
- You must be at least an Open Water Certified divers or above.
- Proof of certification must be provided on arrival. If you require verification of certification, you will need to contact the store at least 24 hours before the start as we may not be able to get this information instantly.
- Failure to arrive by the published start/departure times for the activity, no refunds or credits will be offered.
- You must be medically fit to dive.
- You will be required to sign our Liability Waiver for the activity on arrival.
- If you have less than twenty dives, you must have dived in the last 12 months.
- All our dives have a planned dives site which may require a level of experience. Please review the dive site planner and dive site information in regards to this.
If you fail to meet any of the above requirements, Abyss Scuba Diving reserves the right to refuse to provide diving and dive related activities where a customer is deemed by staff to be unfit to participate. Refunds will be made at Abyss Scuba Diving management discretion.
- A $25 cancellation fee of the price of the trip fee is applicable if you cancel up to five (5) days prior to the commencement date any local dive travel or event.
- Where there is less than five (5) days notice before the scheduled dive travel or event commencement date there will be no refund payable
Abyss Scuba Diving retains the right to change our planned dive site should prevailing sea conditions, or weather conditions make it unsafe for diving. In these circumstances, no refunds will be offered should the diver decide not to proceed with the dive.
- A 20% non-refundable deposit must be paid at the time of booking.
- No refunds will be given if you decide to cancel within sixty (60) days of the scheduled dive travel or event commencement date. We highly recommend you purchase travel insurance.
Abyss Scuba Diving has the Best Price Guarantee for all gear we sell, and we are committed to providing the best value for money in Australia. The Best Price Guarantee does not apply to services such as Course, Trips, Hire & Servicing. The Best Price Guarantee must be read subject to these Terms.
- Competitor's product must be in stock and in the required quantities in a retail outlet located in Australia.
- The product must be identical (e.g. same brand, same model, same colour).
- The product must be paid for by cash or credit card. ZipMoney is not accepted without an extra fee.
- Adequate confirmation of competitor's current advertised price is required. We will not match the clearance product or products we do not stock.
- The competitor’s price must be publicly advertised and verifiable at the time of the price matching, and cannot include any volume, personal or membership discounts. We cannot match multi-item promotional offers like “buy one get one free” or bulk buying discounts
- We do not retroactively price match after the product has been ordered.
- No promotional offers or loyalty discounts can be used with a product which is price matched. In other words, discount vouchers cannot be applied to price matched products to receive a further discount.
DELIVERY AND SHIPPING
We will deliver anywhere in Australia and New Zealand. We use a combination of Australia Post Express Post and couriers for all our deliveries.
Please allow 3 to 8 working days for delivery. To ensure your order is delivered safely to you, all parcels must be signed for and will not be left at the front door. If you are not present to receive the delivery the courier service will attempt to make the delivery the following day.
With the exception of training, products cannot be sold to any location outside of Australia and New Zealand. Deliveries of training material can be arranged to any other country throughout the world but freight will be charged at the prevailing rate to that country and will be invoiced to you on the first day of the course. In the event that the training material is temporarily out of stock, we will contact you immediately.
Data Protection Policy
Abyss Scuba Diving
Abyss Scuba Diving
the General Data Protection Regulation.
[insert name of the person responsible for data protection within the Company].
1. Data protection principles
The Company is committed to processing data in accordance with its responsibilities under the GDPR.
Article 5 of the GDPR requires that personal data shall be:
- processed lawfully, fairly and in a transparent manner in relation to individuals;
- collected for specified, explicit and legitimate purposes and not further processed in a manner that is incompatible with those purposes; further processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes shall not be considered to be incompatible with the initial purposes;
- adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed;
- accurate and, where necessary, kept up to date; every reasonable step must be taken to ensure that personal data that are inaccurate, having regard to the purposes for which they are processed, are erased or rectified without delay;
- kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the personal data are processed; personal data may be stored for longer periods insofar as the personal data will be processed solely for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes subject to implementation of the appropriate technical and organisational measures required by the GDPR in order to safeguard the rights and freedoms of individuals; and
- processed in a manner that ensures appropriate security of the personal data, including protection against unauthorised or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organisational measures.”
2. General provisions
- This policy applies to all personal data processed by the Company.
- The Responsible Person shall take responsibility for the Company’s ongoing compliance with this policy.
- This policy shall be reviewed at least annually.
3. Lawful, fair and transparent processing
- Individuals have the right to access their personal data and any such requests made to the charity shall be dealt with in a timely manner.
4. Lawful purposes
- All data processed by the charity must be done on one of the following lawful bases: consent, contract, legal obligation, vital interests, public task or legitimate interests (see ICO guidance for more information).
- The Company shall note the appropriate lawful basis in the Register of Systems.
- Where consent is relied upon as a lawful basis for processing data, evidence of opt-in consent shall be kept with the personal data.
- Where communications are sent to individuals based on their consent, the option for the individual to revoke their consent should be clearly available and systems should be in place to ensure such revocation is reflected accurately in the Company’s systems.
5. Data minimisation
- The Company shall ensure that personal data are adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed.
- The Company shall take reasonable steps to ensure personal data is accurate.
- Where necessary for the lawful basis on which data is processed, steps shall be put in place to ensure that personal data is kept up to date.
7. Archiving / removal
- To ensure that personal data is kept for no longer than necessary, the Company shall put in place an archiving policy for each area in which personal data is processed and review this process annually.
- The archiving policy shall consider what data should/must be retained, for how long, and why.
- The Company shall ensure that personal data is stored securely using modern software that is kept-up-to-date.
- Access to personal data shall be limited to personnel who need access and appropriate security should be in place to avoid unauthorised sharing of information.
- When personal data is deleted this should be done safely such that the data is irrecoverable.
- Appropriate back-up and disaster recovery solutions shall be in place.
In the event of a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, personal data, the Company shall promptly assess the risk to people’s rights and freedoms and if appropriate report this breach to the AOIC (more information on the Notifiable Data Breach Scheme website).