- The following terms and conditions set out the basis on which all goods are sold by TGI Diving LLC, („We”, „Us”, „Our”), to the purchaser, („You”, „Your”), from Our websites („the Site”).
- All purchases of goods from the Site will be governed by these terms and conditions to the exclusion of any other terms.
- All purchases of services from the Site will be governed by these terms and conditions to the exclusion of any other terms.
- By browsing the Site or submitting an order You agree to be bound by these terms and conditions.
In this section you will find the following chapters:
- PURCHASE OF GOODS: dive equipment, accessories, books, gadgets and in general goods that need to be physically transferred from our warehouse to the location specified by the buyer.
- PURCHASE OF SERVICES: scuba dive packages, single scuba dives, scuba diving courses, scuba diving experiences, snorkeling packages, snorkeling trips, sea excursions and sea activities in general, hire of scuba equipment, hire of boats, any service offered and fulfilled by our destinations.
PURCHASE OF GOODS
- All goods are subject to availability.
- All orders are subject to acceptance by Us and may be withheld at our absolute discretion.
- Any advice or recommendation given by Us is followed or acted upon entirely at Your own risk.
- The quantity, quality and description of any specifications for the goods shall be those set out in the Site but You should be aware that the images appearing on the website are not always accurate. We reserve the right to correct errors and omissions in any price or other information without any liability.
- Goods on the Site may only be sold to persons aged 18 or over. In placing an order for any such goods You represent and warrant that you are at least 18 years old. We reserve the right to refuse any order where satisfactory proof of age has not been provided.
- It is Your responsibility to ensure that You hold any relevant qualifications from a recognised training organisation before purchase.
- Due to limited availability of some of the goods We sell, a particular item may be out of stock. We accept no liability for delays caused by goods being out of stock. If you have requested multiple shipments We will debit the second and any subsequent shipment’s carriage charges from your card.
- Times to dispatch shown on the website are an estimate only. We shall not be liable for delays caused by matters outside Our control.
- Delivery will be advised but please allow up to 30 days for delivery. In stock items will generally be dispatched the same day but some out of stock goods may take longer.
- Any claim based on any defect in quality or condition of the goods must be notified to Us within ten days of delivery after which You will be deemed to have accepted the goods.
- The standard delivery cost per shipment to a European Union address is from 6.00 â‚¬. If You would like Your goods shipped by another method or to a different country then You will have the option to specify Your requirements within Your log on user profile. Note that there are some countries that We do not ship to.
- Risk of damage to or loss of the product shall pass to You at the point at which they are delivered to You.
- Payment is due on dispatch of Your order. Upon placing Your order We will pre-authorise Your card which means the amount is reserved and removed from Your available spending limit but the funds are not deducted (and thus not show on Your statement) until the goods are due for dispatch. Your statement will show Us debiting Your card as Sport Life SAS – Italy (sister company of TGI Diving).
- Our catalogue prices and website prices can be displayed in various currencies. It should be noted that Your payment card will be debited in Your preferred currency as set within Your login profile settings only for Euro and US Dollars, all other currencies will be automatically converted into Euro according to the daily rate http://it.finance.yahoo.com). All sums displayed on the Site in other currencies are purely for indication purposes only. You may use MasterCard, Visa, Switch, Solo or Electron to purchase goods or You may mail to Us a money order or personal cheque drawn on Euro or US Dollars. To change Your currency of choice you may update Your shipping country preference within Your login profile at any time.
- All prices listed in Our catalogues or on the Site are subject to change without prior notice to reflect any increase in the cost to Us. We shall use reasonable endeavors to draw your attention to any such increase in price before shipping the ordered goods.
- We aim to protect legitimate credit card owners from fraud and therefore will report to the relevant authorities any person using or attempting to use a card without apparent authority.
- Property of the product shall pass to You upon clearance of Your payment.
- We own or are licensed to use all of intellectual property rights, (including copyright works and trade marks), embodied in all text, pictures and coding used in the Site and in Our promotional materials.
Warranties and Liability
- To the extent permitted by law, We exclude all liability for the content of any websites which link into this site.
- All goods supplied conform to all relevant European standards.
- All goods are supplied with a full European supplier’s guarantee, the details of which are available on request.
- If there is a defect in any of the goods then We will replace the defective goods free of charge or if You choose not to have a replacement You are entitled to a full refund of the price of the product (or a proportionate part of the price). Your statutory rights are unaffected.
- We will use all reasonable endeavors to ensure that the Site remains available at all times. However, We cannot guarantee that the Site will operate continuously or will be error free. We therefore cannot accept any liability for any failure or non-availability of the Site.
- We do not accept, and hereby exclude to the fullest extent permissible under law, any liability for indirect or consequential loss or damage including, but not limited to, any loss of data, profit, revenue or business however caused. Nothing in these terms and conditions shall be construed as excluding or limiting liability for death or personal injury caused by negligence or for fraud.
Returning wrong size or faulty goods
- If any product that is purchased does not turn out to be the correct size for You then We will exchange it for the correct size provided that the product has not been used in any way and is returned to Us in its original packing „as new”. Any product that is returned for an exchange must be accompanied by the original delivery note with the return section fully completed with the reason for exchange within the specified returns period printed on Your delivery note.
- If any product that is purchased is faulty We will exchange it for an identical replacement free of charge provided that the product is returned to Us in its original packaging and the fault is notified to Us. The provision of a replacement item is conditional on Our engineers first verifying the reported fault.
- At TGI Diving We want You to be confident that You have the full support of Our technical team when making a purchase and that should any product prove to be faulty We will ensure it is repaired and return to You with the least disruption. Should You believe that any product You have purchased from Us is faulty, first e-mail Us letting Us know what the problem is. Give Us as much detail as You can. One of Our technicians will then contact You to discuss the best course of action. If the item needs to be returned to Us You can be assured either Our technicians or the manufacturer’s technicians will remedy the problem as quickly as possible. (This does not affect Your statutory rights).
- If goods are to be shipped or used overseas, then it is Your responsibility to ensure that the product is able to be shipped to and used in Your country.
- We do not offer a refund (excluding faulty items) in relation to goods delivered to countries outside of the European Union.
- Incorrectly sized items (suits and BCDs) (excludes cylinders) dispatched outside the United Kingdom and inside the European Union may, at Our discretion, be exchanged for correctly sized replacements. However, customers are responsible for all shipping costs associated with the exchange of incorrectly sized items.
- Consignments dispatched to addresses outside of the EU may only be sent to the registered billing address as held by Your credit card company.
- Due to it being a circumstance beyond Our reasonable control, We do not accept any responsibility for shipment delays due to customs issues and/or for any excise duties levied on a consignment.
Your right to cancel
- You may cancel Your order and return the goods to Us and receive a refund at any time up to ten days after You have received the goods. To cancel prior to dispatch logon on to Your account and cancel the order within Your order history. To return all or part of an order You must complete the return section of the original delivery note and return the goods to Us before the deadline printed on Your delivery note.
- We confirm that We will not pass on any information relating to You or Your order(s)to any other company without Your prior consent. The information We have about You will be stored on computer and Your details will be automatically added to Our mailing list. If You do not wish Us to send to You any further offers or promotional materials then You may set this preference in Your login profile at any time.
- All sizes, dimensions and/or weights stated in this Site are approximate and do not take into account any packaging materials.
- We want You to use TGI Diving again and again, so if You are not happy with the service You have received please contact the centre manager on the following telephone numbers choosing the city nearest to you:
Tgi: +39 333 5661985
Or mail us at firstname.lastname@example.org
- You are not entitled to assign or transfer any of Your rights or obligations under these terms and conditions.
- If any provision or any part of any provision in these terms and conditions is held by any court of competent jurisdiction to be illegal, invalid, void or unenforceable for any reason then that provision, or part provision, shall be treated as having been deleted. The remainder of these terms and conditions shall continue to apply.
- Neither You or Us shall be liable for any failure to perform any obligation under these terms and conditions which is due to circumstances beyond Your or Our reasonable control.
- Failure by You or Us to enforce any obligation under these terms and conditions shall not be deemed to constitute any waiver of that obligation.
- The Contracts (Rights of Third Parties) Act 1999 shall not apply to these terms and conditions.
- These terms and conditions shall be governed by the laws of Italy and You agree to submit to the non-exclusive jurisdiction of the Italian courts.
PURCHASE OF SERVICES
Booking and paying for your services with us.
Your contract is with TGI DIVING LLC – Incorporation no.: 38871- 16192 Coastal Highway – Lewes – Delaware 19958 – County of Sussex – USA. We will arrange to provide you with the various services you book with us. Before your booking is confirmed and a contract comes into existence we reserve the right to increase or decrease web/destination prices. It is only when you receive our mail confirming your booking that a contract exists between you and us.
Payment is due on reconfirming Your order. Upon placing Your order We will pre-authorise Your card which means the amount is reserved and removed from Your available spending limit but the funds are not deducted (and thus not show on Your statement) until the mail reconfirming your booking is sent. Your statement will show Us debiting Your card as TGI Diving LLC.
During peak periods such as Christmas and Easter (and others) when demand totally outstrips the supply of seats on our boats, you may find that supplements are added to the cost of your diving services. The supplements may be for certain dates. They do not necessarily indicate that additional services are provided. The cost of these supplements will be included anyway in the cost of services related to your diving date.
Please use the email that we send you to reconfirm your booking as a voucher, so please print a copy and take it with you at destination. You will need it during check in at the specific TGI Diving Center .
It is your responsibility to make sure that you are able to join the diving activities that you book, with regards to required certification and diving records, please note the following apply for any dive booking;Â· All divers included in your booking must hold a valid international diving certification (or be participating in a course with us prior to diving) – diving certifications must be presented in the diving centre on check-inÂ· All divers included in your booking must be in good health for diving, in case of any recent medical history you will be asked to provide a valid doctors certificate (within 1 year) stating that you are â€˜fit to dive’ , you can download a copy of our registration form from our ‚book your dives’ page.
Note; a â€˜yes’ answer to any question on this form means you will be required to have a valid certificate from a doctor
Please note that to ensure the safety and enjoyment of all of our customers we require that divers who have had periods of inactivity participate in a check dive or scuba review before they begin diving with us, these are completed in confined water, you will need to allow one day before beginning your dive package to complete these. If necessary please book it together with your dive package to assure that there is a member of staff available for you and so avoid any inconvenience on arrival at your destination, our policy for check dives and scuba review is as follows;
Check dive required;
If you hold an entry level certification (PADI Open Water Diver or equivalent) with less than 50 logged dives and it is longer than 6 months since your last dive.
If you hold any other certification and it is longer than 1 year since your last logged dive.
Scuba Review required;
If you hold any certification and it is longer than 2 years since your last logged dive.
Your need to change or Cancel the services you have booked
If you want to change any part of the scuba diving arrangements after the invoice has been issued, we will do our best to make the change, but it may not be possible. Any request for changes must be made in writing by the person who made the original booking. If it is possible to make the change, it will be subject to an administration charge of 10 euro per booking, and payment of any further costs incurred as a result of the change.
If any person named on a booking is prevented from travelling to the TGI Diving destination as a result of illness, the death of a close relative, jury service or significant reason, we agree to that person’s booking being transferred to another person who satisfies all the conditions applicable to the package, subject to both persons accepting liability for the full payment of the holiday cost and any additional costs arising from the transfer. We must be given at least 14 days notice of the transfer request. An administration charge will be made of 10 euro per person.
If you or anyone on your booking decides to cancel the holiday therefore cannot take part in the booked diving services, we must be notified of the decision in writing. The cancellation will take effect from the day the written confirmation is received. The following scale of charges will be payable depending on when the notification of cancellation is received.
Prior to 61 days: 10% of total service cost
60 – 42: 20% of total service cost
41 – 28: 30% of total service cost
27 – 7: 50% of total service cost
Less than 7 days: 100% of total service cost
Airlines occasionally may change flight timings without advance warning. As a result of this you may loose 1 or more diving days you have already booked with us. Note that no refund can be made if we do not receive written information, 24 hours before departure of the 1st (day) dive.
- No refunds can be given for services that are unused at the destination for any reason.
NOTE – Your Travel insurance may cover you in case you are not able to complete pre-paid services for any reason. In case you are not able to complete services our staff will be able to provide a statement of the services booked and used or unused for you to present to your insurance company.
Our need to change your booking
- We will not be liable to pay any compensation if we are forced to cancel or in any way change your diving booking as a result of situations outside our control which neither we nor our suppliers could foresee or forestall even with all due care. These include unavoidable technical problems with transport, changes imposed by rescheduling or cancellation of flights by an airline or main charterer, the alteration of the airline or aircraft type, war or threat of war, civil strife, industrial disputes, natural disaster, bad weather, terrorist activity.
- We reserve the right in any circumstances to cancel your diving booking for any reason. However we will not cancel your holiday within 61 days of departure unless it is for a reason outside our control (see changes due to circumstances beyond our control). If we have to cancel your diving booking we will offer you:
a. An alternative service of equivalent or of very closely similar standard and price, if available, or
b. Diving arrangements of a lower standard and a refund of the difference in price; or
c. A full refund of all monies paid. Compensation as offered for â€˜significant changes’ will also be paid unless the booking is cancelled because you have failed to pay on time or as a result of circumstances beyond our control. No compensation is payable if the booking is cancelled because the number of persons who agreed to take it is less than the minimum number required and you are informed of the cancellation in writing within the period indicated in the description of the package.
Accuracy of our advertising material
We rigorously check the information given in our brochures about accommodation, resorts, itineraries etc., to ensure it is correct at the time of going to press (February 2005) but in view of the fact that brochures are prepared in advance, advertised facilities may be changed, therefore changes may be made to the particulars on this site. In these circumstances we will notify you of changes before you book. Tour, excursion, cruise or safari itineraries may change as a result of local conditions. Circumstances such as these, or weather conditions, time of year etc., may cause some of the amenities we have described to be unavailable or different from those advertised in our brochure. When we are told of any significant or long term changes we will always endeavour to advise you prior to your departure.
We are constantly working to keep our advetising up to date, if you find something that may need changing please inform us so that we can correct it.
Weather is becoming more erratic and unpredictable and we cannot be held responsible for disruption to your diving holiday due to bad or unusual weather conditions. For more details on the temperature, wind and rainfall in TGI Diving destinations, please see www.weather.com
Watersports and Other Activities
In most of our destinations we offer watersports and other sporting activities, in some cases these may be free of charge in other cases you will have to pay according to the local price list. Please note that in the interest of your personal safety, that we may require that you demonstrate your competence (for example a swimming test) prior to commencement and reserve the right to refuse participation for any reason if they feel this may compromise your or another person’s safety.
Most people go on holiday for rest and relaxation, so if in our reasonable opinion or in the opinion of any boat captain, base leader, tour leader or other person in authority, your behaviour is causing danger, damage to property or persistently affecting the enjoyment of others, we reserve the right to terminate the services you have booked for. Should this happen no refund or compensation would be paid.
If you have a complaint while you are on holiday
If you have cause for complaint whilst on holiday, you must bring it to the attention of the Base Leader (Person in charge of the relevant TGI Destination). They will do their best to rectify the situation. It is unreasonable to take no action whilst on holiday, but then to write a letter of complaint upon return. If you do not raise concerns immediately, this may affect our ability to investigate and take remedial action and it may impact on the way your complaint is dealt with.
TGI Duty Officer
You will be provided with the person in charge contact number while booking, so you will be able to contact him/her should the need arise.
It is becoming ever more important to conserve the world’s natural resources, its landscapes, flora and fauna. Someone coined the phrase „Take only photographs; leave only bubbles” and a number of countries now use this to promote conservation. It would be hard to improve on this statement.
We reserve the right to cancel diving activities for any diver who does not pay reasonable care and respect for the diving environment
TGI commitment to you for your diving arrangements during your holiday
If any part of your diving arrangements booked before your departure is not as described in the brochure, or not of a reasonable standard, we will accept responsibility if this is due to a fault on our part or that of our agents or suppliers or staff. We do not accept responsibility if any death, personal injury or failure of your diving arrangements is not caused by any fault of ours, or our agents or suppliers or staff, and is caused by you or someone not connected with your diving arrangements. We do not accept responsibility if the death, personal injury or failure of your diving arrangements, is due to unforeseen circumstances which, even with all due care, we, or our agents or suppliers or staff could not have anticipated or avoided.
- If any member of your party is killed or injured as a result of an activity forming part of your diving arrangements booked before departure from your home country, we will accept responsibility if the death or injury is due to a fault on our part or that of our agents, staff or suppliers.
- For claims which do not involve personal injury, illness or death, the most we will have to pay if we are liable to you is twice the price, the person affected, paid for their diving (not including insurance premiums and amendment charges).
We will only have to pay this maximum amount if everything has gone wrong and you have received no benefit from your scuba diving. Where enjoyment of some days has been affected, we will refund reasonable related expenses and pay a daily sum of compensation up to â‚¬36 per day per person affected.
In the event that you cut short your diving holiday, we regret that we are unable to offer you any refund for the remainder of your diving services not completed, or assist with any associated costs you may incur. Depending on the circumstances, your travel insurance may offer cover for curtailment and we suggest that any claim is made directly with them.
If you had a problem
If a problem remains unresolved during your holiday, you should make a complaint in writing to TGI Diving within 28 days of the completion of the holiday. We will reply to you within 28 days of receipt of your letter.
TGI Diving Web Site
Web site accuracy: we rigorously check the information provided on our web site about accommodation, resorts, itineraries etc., to ensure it is correct at the time of being added. However, please bear in mind that there may be changes to timings, tour, excursion, cruise or safari itineraries may change as a result of local conditions. Circumstances such as these, or weather conditions, time of year etc., may cause some of the amenities we have described to be unavailable or different from those advertised on our web site. When we are told of any significant or long term changes we will always endeavour to advise you prior to departure.
Web site Copyright: the copyright in the material on this web site rests with TGI Diving LLC. and its suppliers. Your access to it does not imply a licence to reproduce and/or distribute this information. This means that you cannot reproduce or distribute this information by any means.