General conditions

General conditions

I. Courses, boat diving and services

1. The customer undertakes to follow the instructions of the instructors and vicarious agents as part of their diving training.

2. The customer or his guardian is personally liable for any damage caused by negligence or intent.

3. The customer assures that he does not knowingly suffer from a disease that excludes diving with and without a diving device. The diving center nicdive4u is exempt from all liability for any damage to health. The Customer further assures that he provides truthful information in the "Statement of Health".

4. Participation in all offered courses, dives (land or boat) is at your own risk and risk.

5. The customer undertakes to have a medical examination carried out at his own expense before the start of the course, if a question in the "Declaration of health status" is answered with YES. This may not be older than 6 months when participating in the beginner courses, and not older than 12 months for other courses.

6. The customer agrees to a change in his state of health between the diving medical examination and diving participation, this immediately to the dive center nicdive4u to report and in the "medical self-information sheet" to note.

7. The binding registration for the course or boat diving can only be done in writing or by e-mail and with receipt of the down payment of at least 20% for courses or services (dive accompaniment, underwater photo shoot, etc.), 100% at the boat dive.

8. Cancellation of the course, boat diving or service is only possible in writing or by e-mail up to two weeks before the start. The cost of the instructional material will be deducted from the refunding registration fee. In case of later cancellation the claim for reimbursement of the registration fee will be canceled and the following cancellation fees will be charged:
13th-07th Days before start 70% of the course price / boat diving,
06.-01. Days before start 100% of the course price / boat diving.
For rebookings before the start of the course on a later date € 50, - processing fee (rebooking fee) will be charged.

9. The course fee (minus the registration fee) or the fee for the service is to be paid in full at the latest upon commencement of the course.

10. If the course is canceled, boat dives or photo shoots the fee will be forfeited. In case of cancellation due to illness (proof by medical certificate), there is no entitlement to reimbursement of the pro rata fee. The participant can catch up on the missing parts of the course, dives within 360 days. Necessary repetitions will be charged separately as one-to-one lessons.

11. If the performance requirements can not be achieved by leaving the participant out of individual or all course sections, there is no right to reimbursement or completion of the course. If the schedule and course standards allow it, the missing lesson parts can be made up.

12. If the course is not successful, no refund claim will be made. However, it is possible to repeat the course, whereby the course fee paid will be credited at 20%. Failure to pass the theory test of a course, the participant can repeat this, we charge an additional fee of € 30, -.

13. The PADI Dive Center NICEDIVE4U reserves the right, for good cause, to postpone the course, dive accompaniment and trial diving dates.

II. Rental Equipment

1. The rental is carried out according to the current rental fee list.

2. Within a diving course the rental fees of the rental equipment are included, if included in the course price (see respective course description).

3. The rental equipment remains the property of the PADI Dive Center NICEDIVE4U and may only be used by the customer. A transfer to third parties is expressly prohibited. In the event of infringement, the customer shall be liable for all damage to the rental equipment and for all damage caused by the rental equipment, as well as we are entitled to demand compensation.

4. The customer acknowledges that he has received the delivered rental equipment in good and usable condition and undertakes to ensure proper handling, cleaning and return in a functional condition and to bear the costs of damage caused by him.

5. The rental equipment is examined at regular intervals and carefully checked. However, this fact does not exempt the customer from the obligation to be sure of the functionality before use.

III. Right of withdrawal, right of return

The right to cancel the contract for distance contracts is excluded according to § 312 d Abs. 4 Nr. 1 BGB, as the created photo products or vouchers are made according to the specifications of the customer and tailored to his personal needs. 
 

IV. Shipping

The PADI Dive Center NICEDIVE4U supplies the customer according to commercial conditions. Transport route and means are determined by the PADI Dive Center NICEDIVE4U or its vicarious agents, unless expressly agreed otherwise. The costs are calculated according to the price information on our website. Any delay in delivery does not entitle the customer to claims for damages, unless otherwise stipulated in § 5 of these Terms and Conditions. Delivery delays do not entitle to refuse acceptance.
 

V. Warranty

Insofar as there is a defect in the goods, the customer is entitled, at his discretion, to remedy the defect in the form of a remedy of the defect or to deliver a new goods free of defects. However, nicedive4u may refuse the chosen supplementary performance if it can only be carried out at disproportionate costs and if the other type of subsequent performance would not entail significant disadvantages for the customer. If the supplementary performance has failed, the customer can, at his discretion, declare his withdrawal from the contract or reduce the purchase price. A special nature of the goods to be delivered is not agreed. The delivered goods are defective if they do not meet the technical standard of digital photo development and processing. Color deviations between the products and the differently displayed image files on different screens can not be technically avoided, they are therefore no defects. Likewise, there is no defect if the customer orders despite warning a format or photo product for which the original image file does not exhibit optimum resolution and thereby the image quality is impaired (e.g., pixelation, blurring). nicedive4u assumes no guarantee of quality or durability. In the case of orders of an entrepreneur ordering goods in the course of his commercial or independent professional activity, the following additionally applies: the customer undertakes to inspect the goods immediately upon receipt and to report any obvious defects within one week in writing stating the defect. If the customer omits the ad, the delivered goods are considered approved. The same applies to later defects.
 

VI. Jurisdiction, applicable law

In case of legal disputes in connection with this business relationship, Greek law applies exclusively, excluding the UN Sales Convention. Compulsory provisions of the state in which the customer has his habitual residence remain unaffected. If the customer has no domicile or habitual residence in Greece or if the customer is a merchant and acts in this capacity, Sitia, Crete is agreed as the place of jurisdiction for all disputes arising from the business relationship.
 

PADI 5 Star Dive Center NICEDIVE4U Sitia, Crete, Greece 2019