CONDITION OF ENTRY
It is a Condition of Entry into our store and for any Boat Trip or Course that you have purchased at Dive Jervis Bay, that you MUST be able to demonstrate that you are fully vaccinated against COVID-19, or provide proof of a Medical Exemption, and use the NSW COVID SAFE CHECK IN APP or Register.
Dive Jervis Bay will comply with all NSW Fair Trading requirements and acknowledge that our goods and services come with an ‘automatic consumer guarantee’ that the product or service that you purchase will work, is what we said it is, and do what we said it will.
If you believe that you are due a refund due to one of the circumstances below, please email firstname.lastname@example.org and explain the circumstances and provide all relevant documentation. Refunds are usually processed by our Accounts Department (not the shop) within 30 days of the approval.
All products and services that are purchased from Dive Jervis Bay will meet the following general guidelines.
All products that we sell will be of an acceptable quality that is:
All services that we provide should be:
If we do not follow these guidelines, you are entitled to a refund, repair or exchange depending on the situation and type of product and what is agreed with you as the consumer.
When are you not entitled to a refund?
Under NSW Fair Trading Guidelines, and Australian Consumer Law, businesses do not have to provide a refund in certain circumstances such as:
In these cases we may refuse to provide a repair, replace or refund for the goods or service that we supplied.
COVID-19 Special Conditions
For the safety of our staff and other customers, we require all Divers who are entering our store, undertaking a Course, or Diving on one of our Boats to be fully vaccinated against Covid-19.
If you cannot demonstrate that you are fully vaccinated or that you have an appropriate medical exemption, you may be refused service and have your trip with us cancelled at your cost.
As you have contributed to us not being able to provide the service, and stopped others from booking on, no refund will be provided.
Cancellations Due to Weather.
It should be noted that Dive Jervis Bay is not responsible for the weather or the visibility underwater. It is certainly "totally beyond our control". If you feel that the weather or visability is unsuitable and wish to cancel a trip then we generally do not provide refunds if we are still going out. This is because we have a deeper understanding of conditions in Jervis Bay and we believe, with our experience, that the trip should go ahead.
We will also cancel any trip where we believe conditions are not suitable and safe without consultation with customers. If this occurs please review the information below on Cancellations by Dive Jervis Bay.
What if there are Extenuating Circumstances?
If you personally suffer an extenuating circumstance and need to cancel services that you have booked with us, then please discuss this with us as soon as possible so that we can review your circumstances when assessing if a refund is appropriate.
During large scale mass events (Such as bushfires, Covid-19 or similar) that effect people’s ability to travel, where there are general community health and safety concerns or our ability to open and provide services is impacted through circumstances totally beyond anyone’s reasonable control, we will apply the following principles:
We will not review requests for refund until the situation stabilises and we know what the recovery situation will be.
If you have a major accident on the day, get diagnosed with a serious health issue or suffer from a significant personal situation and cannot attend a trip or course that you have been booked in for, then we may also, on receiving appropriate documentation supporting your situation, apply the above principles at our discretion.
If you purchase a trip, either through the shop or online and then ‘change your mind’ then our refund policy is that any refunds requested that are due to ‘change of mind’ are purely at our discretion and made as a good will payment. The principles that we apply are below:
If you have purchased a course, and have found that you are Permanently unfit to dive following a dive medical, you are required to provide us a copy of the medical, certified by a practicing General Practitioner that you are Permanently Unfit to Dive in accordance with the RSTC Medical Statement.
If you book a training course with us we will not issue you a refund if you simply change your mind about doing your course. Under certain extenuating circumstances we may issue a Gift Voucher, or store credit at our sole discretion.
Once you start the practical component of the course, no refund will be provided if you do not continue with the course for any reason unless there are extenuating circumstances.
Cancellations by Dive Jervis Bay
If the boat or course is TOTALY CANCELLED before it even starts by Dive Jervis Bay due to bad weather or any other reason a Gift Certificate (with a 3 year expiry date) will be offered or an alternate booking date suitable to the customer will be negotiated. A refunds will only be provided if this is not possible.
If a trip or course is cancelled by Dive Jervis Bay for whatever reason after it starts, pro-rata refunds will be provided as Gift Certificates, or club credit depending on the circumstances.
Dive Jervis Bay will do its very best to ensure our boat trips will leave the wharf at the advertised departure time and no later. There maybe be the occasional time when this is not possible and Dive Jervis Bay will not be held accountable for any expenses that may occur to you due to late departures or arrivals.
It is up to you, the customer, to ensure you arrive on time, have the relevant paperwork filled out correctly if applicable, have completed any pre-required study and be able to produce any relevant certification cards, and proof of vaccination, to allow you to go ahead with your trip or course.
Refunds will not be issued if you miss the start / departure time, have not completed your study requirements, do not have the correct qualifications for the trip or course, or have mislead us in any way.
Items left with us or abandoned
Dive Jervis Bay is not responsible for any items left in the shop or the boat by you. We will provide reasonable care of these items, however we are not responsible for any loss or damage that you may suffer.
We will take all reasonable steps to contact you if we can identify an item, however after three months, if the item is still in our care and no arrangements have been made for collection, we may dispose of the item in any way that we see fit, and we are not responsible for the item, or any refund to you for the item past this point.
If an item is booked in for servicing, and is abandoned by you for any reason, we will take all reasonable steps to contact you to return the item. After 12 months if you fail to collect the item or make arrangements with us, we may dispose of the item in any way that we see fit, and we are not responsible for the item, or any refund to you for the item past this point.
Damaged Items on trips or courses
Any item that belongs to you that you take with you on a trip or course, you are responsible for. We will take all reasonable care when assisting you with these items, including lifting and moving them if necessary, however we are not responsible for any loss or damage that may occur to any item that you own while on a trip or a course.
If you lose something or if it is damaged, we are not responsible for the loss or damage of that item, unless there is direct evidence that we failed in our duty to provide appropriate care, skill or technical knowledge which contributed to your loss. If this is the case we will discuss with you an appropriate refund, repair or other suitable recourse.