Terms and conditions

Introduction:

Please read this section and the Privacy Policy carefully before purchasing products or services on our site. The terms and conditions listed below are contractual and not a mere recitation and in any case regulated by current community laws.

In this section you will find the following chapters:

  1. PURCHASE OF GOODS: products, diving equipment, accessories, books, gadgets etc. Goods that must be physically transferred from our warehouse to the location specified by the buyer.
  2. PURCHASE OF SERVICES: diving, diving packages, diving courses, equipment and boat rental. Services in general provided by our Diving Centers in specific destinations.

1. PURCHASE OF GOODS:

PURCHASE ORDER:

Every proposed purchase of our products is governed by these legal terms to the exclusion of any other terms.

  1. All products are subject to availability
  2. All orders are subject to our acceptance.
  3. The evaluation of the quality, quantity and description of the products cannot be made through the site despite you becoming aware of them through it, since the images on the site are not always accurate. We reserve the right to correct errors and omissions regarding prices and information without limitation.

DELIVERY:

  1. The delivery costs of the goods ordered on TGI Diving are normally not included in the purchase price of the goods themselves.
  2. The shipping cost depends on the weight, volume and final destination of the goods.
  3. For an exact evaluation of shipping costs it is important to select the destination country, if you have not already done so, click on the menu at the top left (the one with the colored flags) now select your destination country. After that, simply add the desired product to the cart to also view the exact shipping cost.
  4. The shipment is made with notice and will take place within 72 hours of the order, unless communicated by TGI Diving.
  5. If multiple items are ordered, there may be a case in which some deliveries will take longer than others.
  6. The delivery day is only estimated. We cannot provide you with the exact date as there may be reasons beyond our control.
  7. Any defect in the quality or condition of the products must be made known within 10 days of delivery.
  8. You will be able to specify the delivery method and a different country from the one chosen on the home page during the procedure called “go to checkout”.
  9. There are some countries where we cannot accept the risks resulting from the loss of the goods for which we do not accept orders.
  10. Risks of damage or loss will be at the expense of the customer from the moment of actual delivery.
  11. We will not send material to addresses other than the one on your credit card.
  12. We do not ship to post office boxes, hotels, guesthouses, pensioners, barracks, public places.

PAYMENT:

  1. Payment is consequential to the order.
  2. Payment will be charged to the card following dispatch of the goods.
  3. Our catalog and website prices can be paid in different currencies.
  4. It should be noted that payment by card will be charged in euros or US dollars depending on the choice made on the home page. Other currencies are for informational and comparative purposes only. The exchange rate is updated automatically and may sometimes have differences.
  5. For payment you can use credit cards, Mastercard and Visa.
  6. All catalog and website prices are subject to change without notification of update to avoid any increase in costs for us.
  7. In order to protect credit card owners from fraud/misuse we will report any cases of unauthorized card use to the authorities.

PROPERTY

  1. Ownership of the product will pass to the customer once payment is completed.
  2. TGI Diving exercises all of its ownership rights in all promoted products and trademarks.

AUTHORIZATIONS & RESPONSIBILITIES

  1. All products comply with Italian and European standards.
  2. All products comply with the European guarantee and details are disclosed upon request.
  3. In the event of a product defect we will replace it and if this is not possible we will provide full compensation for the purchase (or part of the price).

RETURN OF GOODS

  1. Each product subject to exchange must be notified to TGI by requesting the RAN (return authorization number) to the email address: customer.services@tgidiving.com , specifying the order number, the date of purchase, the reason for the return.
  2. Any product purchased and returned due to the wrong size will be replaced with the correct size under the following conditions:
    • the product must never have been used.
    • the product must be returned as new.
    • the product must be returned in the intact original packaging.
    • the product must be returned within 7 days of receipt.
  3. Any defective product delivered will be replaced with another of the same or similar characteristics without additional costs under the following conditions:
    • the product must be returned in the intact original packaging.
    • the defect must not have been caused after delivery.
    • the product must not have undergone mechanical shock.
    • the product must not have been tampered with, opened or disassembled.
    • the product must not have been used improperly.
    • before replacement the product must be analyzed by our technicians in order to ensure that the previous points are satisfied.

EXPORT

  1. If the delivered goods are to be shipped and used outside the European Union, it is the buyer’s duty to ensure that the product can be shipped and used in his country and that the particular specifications do not infringe local laws in force.
  2. No refunds are made (except in cases of defect) for purchases in countries outside the European Union
  3. In the event of an incorrect size (wetsuit and BCD, excluding cylinders), the products sent to countries outside the European Union may be replaced but customers will have to cover the shipping cost for the return and new delivery.

Right to cancel the order Pursuant to art.5 DL 185/1999: if the customer is a consumer he has the right to withdraw from the purchase contract. it is possible to cancel the order and send the products back and receive a refund within 7 days from the time of delivery. To cancel the complete order or part of it, you must make it known through the RAN (return authorization number) by sending an email to customer.services@tgidiving.com.

Each product purchased and returned for the right to cancel the order will be accepted and therefore refunded under the following conditions:

  • the product must never have been used.
  • the product must be returned as new.
  • the product must be returned in the intact original packaging.
  • the product must be returned within 7 days of receipt.

2. PURCHASE OF SERVICES

RESERVATION AND PAYMENT OF SERVICES

  1. Your contract is with TGI TRAVEL (FZC) Block B – B 39- 026 Sharjah Research Technology and Innovation Park Sharjah – United Arab Emirates. We will take care of making all the arrangements necessary to provide the various services you have booked with us. Before your booking is confirmed and the contract comes into force we reserve the right to increase or decrease the prices shown on the website. The contract between you and us will only come into force when you receive the email confirming your booking.
  2. Payment is due upon reconfirmation of your order. At the time your order is placed we will pre-authorize your card, meaning that the amount is reserved and deducted from your spending limit, but that the funds are not deducted (and therefore will not appear on your statement) until until the reconfirmation email for your booking is sent. Your card will be charged as TGI Diving LLC.
  3. During high season periods such as Christmas and Easter (and others), if the demand totally exceeds the availability of places on our boats, supplements may be applied to the costs of the diving services offered. Surcharges that may occur on certain dates do not necessarily mean that additional services or additional services will be provided. The cost of these supplements will however be included in the cost of the services in relation to the diving date for which the purchase price will be the final price.
  4. Please use the email we send you to reconfirm your booking as a voucher, and then please print a copy and bring it with you. You will need it during check-in at the TGI Diving center of your choice and where you booked your diving package/diving course.
  5. It is your responsibility to ensure that you can participate in the diving activities you book in accordance with the required certification and the dives recorded in your dive log. Please note the following: – All divers included in your booking must hold an internationally recognized diving licence. The license must be presented to the diving center at the time of check in. –  All divers must be in good health and in case of recent medical history have a medical certificate (no older than 1 year) certifying suitability for scuba diving . A copy of our registration form, including the medical questionnaire, can be downloaded from the booking page. Note: A positive response to any question in the medical questionnaire implies the presentation of the medical certificate.
  6. For your safety and enjoyment you may be required to attend a check dive or scuba review before starting your dive package. These are carried out in confined water and at least the day before the start of the diving activity. If necessary, please book them in advance with your dive package to ensure the presence of diving center staff on the day you have chosen for the service. Please check below when you need to:

 Check Dive

  • If you have a first level certification with no more than 50 dives recorded in your log book and more than six months have passed since the date of your last dive.
  • If you have any other certification and more than a year has passed since your last dive.

Scuba Review

  • If you have any certification and more than 2 years have passed since the date of your last dive

CHANGE OR CANCELLATION OF BOOKED SERVICES

  1. If you wish to change any part of your diving program (diving package/diving course) after the invoice has been issued,  we will do our best to make the change, but it may not be possible due to availability of places/staff/logistics . Any request for variation must be made in writing by the person who originally made the booking. If it is possible to make the change, €10 will be charged for administrative costs and payment of any additional costs will be considered as a consequence of the change.
  2. If a person listed on the reservation cannot reach the TGI Diving destination for health reasons, due to the death of a close relative, being a member of a jury or for a serious reason, we agree that the reservation in that person’s name can be transferred to the name of another person who meets all the conditions applicable to the booked service (including health conditions, knowledge of the services, international authorizations to practice the services, certifications etc.). Both people must accept responsibility for paying in full for the cost of the holiday and any additional costs resulting from the exchange. For the transfer request we must be notified at least 14 days in advance. A fee of €10 per person will be applied for administrative costs.
  3. If you or anyone else on the booking list decides to cancel the dive program (diving package/diving course) booked and purchased  we need to receive written notification of this. The cancellation will be made starting from the day on which the written confirmation is received. The following table indicates any penalties to be paid depending on when the cancellation notification is received.
    • Before 61 days: 10% of the total cost of the service
    • 60-42: 20% of the total cost of the service
    • 41-28: 30% of the total cost of the service
    • 27-7: 50% of the total cost of the service
    • Less than 7 days: 100% of the total cost of the service
  4. Airlines may sometimes change flight times without giving notice. For this reason you could miss a day or more of diving if you have already booked with us. Please note that no compensation can be made if we do not receive a written information note (email) 24 hours before departure for the  first day of diving.
  5. Regardless of the reason, no refunds will be made for services not used at the destination. NOTE – Your travel insurance may include the inability to complete the booked services. In the event that you are not able to complete the services purchased, our staff will be able to issue a certificate, which will show the services booked and those actually used, which can be used for your insurance company.

IF WE CHANGE YOUR RESERVATION

  1. We cannot guarantee any compensation if we are forced to cancel or change your booking in any way due to situations beyond our control which neither we nor our suppliers were able to foresee or prevent, despite all due care. Such situations include unavoidable transportation-related technical problems, changes forced by cancellation or postponement of flights by an airline or major charter lessors, change of airline or aircraft type, state of war or threat of declaration of war, civil strife, industrial disputes, natural disasters, bad weather, terrorist activities.
  2. We reserve the right to cancel your diving reservation for any reason under any circumstances. However, we will not cancel your diving package/diving course during the 61 days prior to departure, unless for reasons beyond our control (see changes due to circumstances beyond our control). If we are forced to cancel your dive we will offer you:
    • An equivalent or very similar alternative service in terms of features and price, if available, or
    • We will provide a lower level of diving service and a refund of the price difference, or
    • A full refund of the amount paid. Compensation will also be paid as an offer for significant changes, unless the booking is canceled because you have not paid on time or due to circumstances beyond our control. No compensation will be paid if the booking is canceled because the number of people who have signed up is less than the minimum number of people required and you have been informed of the cancellation in writing within the period indicated in the package description.

ACCURACY OF ADVERTISING INFORMATION

We always carry out rigorous checks on the information contained in our brochures regarding accommodation, courses, itineraries etc., ensuring that everything is correct at the time of printing (February 2005), but as the brochures are written in advance, some aspects advertised may have changed, furthermore changes may be implemented regarding details described on this site. In these circumstances we will notify you of changes before you book. Tours, excursions, cruises, or itineraries may be modified due to local conditions. Circumstances like these, or climatic conditions, time of year etc., can cause anomalies that we have defined as inevitable or different from what is advertised in the brochures. If we are made aware of any significant or long-term changes, we will always attempt to warn you before your departure.

We work continuously to keep our advertising material up to date, so if you notice that something needs to be changed please let us know so we can correct it.

WEATHER CONDITIONS IN THE WORLD

The weather is becoming increasingly temperamental and difficult to predict and we cannot be held responsible for the interruption of your diving holiday due to bad weather or unusual weather conditions. For further details regarding temperature, wind and precipitation in the TGI Diving destination areas we invite you to visit the site www.weather.com

 

WATER SPORTS AND OTHER RELATED ACTIVITIES

In most of our destinations we offer water sports and other sporting activities, in some cases free, in other cases for a fee, which varies depending on the local price list. In the interests of your personal safety you may be required to demonstrate your skills (for example a swimming test) before commencing the activity and we reserve the right to refuse your request to participate for any reason if we feel that this could compromise your safety or that of other people.

BEHAVIOR

Most people go on holiday for rest and relaxation, so whether in our reasonable opinion, or that of the boat captain, the Center Manager (Base Leader), the tour guide or another person authoritative, your behavior causes danger, damages property or persistently ruins the enjoyment of others, we reserve the right to terminate the provision of the services you have booked. If this occurs, no refund or compensation will be paid.

COMPLAINTS

If you have any reason to complain during your holiday, you should contact the Base Leader (the person responsible for the TGI destination). TGI Diving Base Leaders will do their best to rectify the situation. It is unreasonable to do nothing during the holiday and only write a letter of complaint upon returning. If you do not raise the matter immediately, this may undermine our investigative effectiveness and may compromise our ability to remedy the matter and may have consequences for the way in which the case for your complaint is progressed. If an issue remains unresolved during your holiday , you should make a written complaint to TGI Diving within 28 days of the end of your holiday. We will respond to you within 28 days of receiving your letter.

mailto:customer.services@tgidiving.com?subject=Reclamo

THE BASE LEADER TGI DIVING

During the booking you will be provided with the number to contact your contact person on site, so that you will be able to contact him/her if you need it.

ENVIRONMENTAL CONSERVATION

It is becoming increasingly important to conserve the earth’s natural resources, its landscapes, flora and fauna. Someone coined the phrase “take photographs, leave only bubbles,†and some countries now use this slogan to promote conservation. TGI Diving also uses and recognizes itself under this slogan.

We reserve the right to cancel dive activities for any diver who has not exercised reasonable care and respect for the environment in which the dive is being conducted.

TGI DIVING’S COMMITMENT TO YOU

If any part of the diving arrangements booked before your departure are not as described in the brochure, or do not reach a reasonable standard, we will accept responsibility if this situation is due to a failure on our part or our agents or our suppliers or our staff. We are not responsible for death, personal injury or damage when not caused by our fault, or that of our agents, or suppliers or staff, but is caused by you or someone else unrelated to our organization. We are not responsible for death, personal injury or damage caused by unforeseeable circumstances which, despite all due care, we, or our agents or suppliers or staff, could not have prevented or avoided.

RESPONSIBILITY

  1. If any member of your party is killed or injured as a result of an activity as part of your booked dive package before departing your home country, we will assume responsibility if the death or injury is due to a failure on our part or our agents or our staff or our suppliers.
  2. For claims not relating to personal injury, illness or death, if we are liable to you, we will have to pay an amount equal to double the price paid for the diving package by the injured person (excluding insurance premiums and correction costs) .We will have to pay the above maximum amount only if everything has gone wrong and you have not received any benefits from the scuba diving. Where the enjoyment of certain days has been ruined, we will reasonably reimburse the relevant expenses and pay a daily compensation of €36 for each day ruined per person.

EARLY RETURN

In the event that you decide to shorten your diving holiday, we regret that we are unable to provide any refunds to cover remaining uncompleted diving services, or to assist you with any related costs you may incur. Depending on your circumstances, your travel insurance may offer shortfall cover and we recommend that you contact your insurance company directly with any claims.

THE TGI Diving WEBSITE

  1. Correctness: We always carry out rigorous checks on the information that is shown on our website regarding accommodation, courses, itineraries etc., ensuring that everything is correct at the time it is added to the site. However, please note that schedule changes may occur, tours, excursions, cruises, or safari itineraries may be modified due to local conditions. Circumstances like these, or climatic conditions, time of year etc., can cause anomalies that we have defined as inevitable or different from what is advertised in the brochures. If we are made aware of any significant or long-term changes, we will always attempt to warn you before your departure.
  2. Website Copyright: The copyright in the material on this website is owned by TGI Diving LLC. and its suppliers. Your access to the site does not imply a license to reproduce and/or distribute this information. This means that you may not reproduce or distribute this information in any way.