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Deep Sensations Freediving - Terms and Conditions

1. Agreement

  • These Terms and Conditions, along with our Privacy Policy, govern the use of services provided by Deep Sensations Freediving ("Deep Sensations", "we", "our" or "us") accessible through the website located at deepsensationsfreediving.com ("Site").

  • By accessing, browsing, or using the Site, you acknowledge and agree to abide by these Terms and Conditions and our Privacy Policy (together, the "Agreement"). If you do not consent to these terms, you must refrain from accessing or using the Site and our services.

  • Upon purchasing any service from us, you are engaging in our "Service" and are bound by the Agreement, including any additional terms, conditions, and policies referenced herein or made available through hyperlinks. This Agreement applies to all participants, including but not limited to users, customers, vendors, and contributors of content.

2. Interpretation

Definitions of key terms used in this Agreement are outlined below.


3. Site Use

  • By accessing or using the Site, you warrant that your activities comply with applicable laws and regulations. Any suspected fraudulent, abusive, or unlawful activity will be reported to relevant authorities.

  • Links to third-party websites provided on the Site are for convenience only. Deep Sensations Freediving does not endorse or guarantee any third-party content or services and assumes no liability for their use.

  • You agree to use the Site solely for its intended purpose and refrain from any activity that disrupts its functionality or security. Unless expressly permitted, you must not copy, distribute, or modify any content on the Site.

  • You are responsible for safeguarding your devices from viruses or other malicious software when accessing the Site.

 

4. General Services Conditions

  • Deep Sensations Freediving reserves the right to refuse services to any individual at its discretion.

  • Age Requirement: All participants must be at least 18 years of age to book our product. Minors under the age of 18 require written and signed permission from a parent or legal guardian to participate.

  • Deep Sensations Freediving may alter its offerings or services due to unforeseen circumstances. In such cases, affected individuals will be notified promptly.

  • Deposit amount must be paid at the time of booking to secure your spot.

  • The full amount of the trip must be paid at least 10 weeks prior to the trip commencement date.

 

5. Deep Sensations Freediving Services Order Process

  • Orders placed through the Site are subject to availability and acceptance by Deep Sensations Freediving. An Order is confirmed upon receipt of payment and confirmation from Deep Sensations Freediving.

  • We reserve the right to decline sales at our discretion.

 

6. General Booking Requirements

  • To book any Service, participants must provide: (i) Medical History form; (ii) Waiver form; (iii) Compliance with government health regulations.

  • Failure to provide required information may result in booking cancellation without refund.

 

7. Booking Policy – Courses

  • Course bookings are confirmed upon: (i) Placement of an Order; (ii) Full payment; (iii) Receipt of payment by Deep Sensations Freediving.

8. Booking Policy – Training

  • "Training" refers to Line/Depth Training and Pool Training.

  • Training bookings are confirmed upon: (i) Placement of an Order; (ii) Full payment; (iii) Receipt of payment by Deep Sensations Freediving.

 

9. Booking Policy – Retreats

  • Booking a Retreat requires: (i) Payment of a non-refundable deposit or greater amount; (ii) Receipt of the deposit or greater amount by Deep Sensations Freediving.

  • For bookings made less than six weeks in advance, full payment is required to confirm.

  • Participants must obtain comprehensive travel insurance, including coverage for medical expenses and trip cancellation.

 

10. Student Cancellation – Courses

  • Cancellation 10 days or more before the Course: 100% refund.

  • Cancellation 7-10 days before the Course: $150 reschedule fee; otherwise, course refunded less $150 cancellation fee.

  • Cancellation within 7 days: No refund.

  • Exceptions may not be made, and no credit will be offered for missed activities.

 

11. Student Cancellation – Training

  • Cancellation 48 hours or more before Training: 100% refund.

  • Cancellation less than 48 hours before Training: No refund.

  • Exceptions may not be made, and no credit will be offered for missed activities.

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12. Student Cancellation – Retreat

  • Cancellation eight weeks or more before Retreat: 100% refund (less non-refundable deposit) or transfer to another retreat within one year.

  • Cancellation 6-8 weeks before Retreat: 50% refund (less non-refundable deposit) or transfer to another retreat within one year.

  • Cancellation within 6 weeks: No refund.

  • Exceptions may not be made, and no credit will be offered for missed activities.

13. Deep Sensations Freediving Cancellation Policy

  • If Deep Sensations Freediving cancels or changes a scheduled Service, excluding force majeure, participants may request a refund or transfer to another date within 12 months.

  • Deep Sensations Freediving is not liable for expenses incurred due to canceled services.

  • Force majeure events exempt Deep Sensations Freediving from liability.

 

14. Credits and deposits

  • Credits issued for cancellations or changes to reservations are not transferrable to other parties.

  • Additionally, deposits made to secure a spot on a retreat cannot be transferred to another retreat.

 

15. Pricing

  • All prices on the Site are in Australian Dollars and include GST unless otherwise stated.

  • Prices are subject to change without notice. Once an Order is confirmed, subsequent price changes will not affect the Order.

 

16. Promotions and Gift Vouchers

  • Gift vouchers are valid for 12 months from the date of purchase.

  • Package offers must be booked within 12 months of purchase.

  • Promotional discount codes are subject to terms notified at the time of the offer.

 

17. Payment

  • Payment for Orders can be made through methods specified on the Site. Credit card payments may incur a surcharge.

  • We reserve the right to investigate and verify electronic transactions. Orders may be rescinded if additional information is not provided.

  • Payment processing is handled by Stripe, subject to the Stripe Services Agreement.

 

18. Liability

  • We exclude all conditions, guarantees, and warranties to the maximum extent permitted by law.

  • We are not liable for personal injury, death, or any direct, indirect, or consequential loss arising from the use of our Services.

  • Our maximum aggregate liability is AUD $20,000,000.00.

  • We reserve the right to correct errors or omissions in information provided.

 

19. User Comments, Feedback, and Photos

  • Photos and videos may be taken during our Services for marketing purposes unless participants opt out.

  • Comments or submissions may be used by us without restriction.

  • We may monitor, edit, or remove content deemed unlawful or inappropriate.

  • Participants must not submit material that violates third-party rights or contains malicious content.

 

20. Intellectual Property

We retain ownership of all Intellectual Property Rights in the Site and Material.

 

21. Linking to the Site

  • Participants must not establish links suggesting association with us.

  • Links must not originate from websites not owned by participants.

  • Framing the Site or deep linking requires our permission.

 

22. Indemnity

Participants agree to indemnify us and hold us harmless from any claims arising from their use of the Site or Services.

 

23. Privacy

We are committed to protecting participant privacy. Refer to our Privacy Policy for details.

 

24. General

  • We may amend this Agreement without notice.

  • We provide information on the Site to the best of our ability but do not guarantee accuracy.

  • Void or unenforceable provisions may be severed without affecting other provisions.

  • Failure to exercise a right does not waive it.

  • This Agreement is governed by the laws of New South Wales, Australia, and parties submit to the jurisdiction of its courts.

  • By accessing or using our Services, you agree to abide by this Agreement and any updates or amendments. If you do not agree with any part of this Agreement, you must refrain from using our Services.

  • Deposit amount must be paid at the time of booking to secure your spot.

  • The full amount of the trip must be paid at least 10 weeks prior to the trip commencement date.

  • Deep Sensations Freediving reserves the right to cancel or postpone a trip at any time, including if minimum required numbers have not been met, weather conditions are not suitable, or if Deep Sensations Freediving deems conditions are not safe to proceed for any reason.

  • If a trip has been postponed, Deep Sensations Freediving is not required to refund participants and will provide alternative dates for attendance. If the alternative dates are cancelled or postponed by Deep Sensations Freediving for any reason, participants will again be provided with alternative dates. The trip must be completed within 1 year of the original trip date.

  • Once booked on to a trip, participants must comply with payment plans within information packs and digital flyers. 2nd and 3rd payments are nonrefundable.

  • It is the responsibility of participants to get to the location of the trip/retreat/camp. Deep Sensations Freediving will not pay for flights or taxis.

  • We highly recommend participants purchase travel insurance at the time of booking.

  • If a vendor raises their prices while participants are booked on to a trip, Deep Sensations Freediving reserves the right to adjust prices to match the vendor.

  • Deep Sensations Freediving has the right to make any changes to trips, retreats, or camps including locations, accommodation, special guests, group sizes, and price.

25. Compliance

These Terms and Conditions were written in accordance with the ACCC guidelines and industry standards.

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