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REFUNDS POLICY

POLICY

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.

Process

If you believe that you are due a refund due to one of the circumstances below, please email info@divejervisbay.com and explain the circumstances and provide all relevant documentation.

GUIDELINES

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:

  • Safe, appropriately lasting and with no faults
  • Look acceptable and are as described
  • Do all the things that you would expect them to do.

All services that we provide should be:

  • Provided with acceptable care, skill and technical knowledge
  • Fit for purpose, and provide appropriate results that we have described
  • Are delivered within a reasonable timeframe

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:

  • You simply changed your mind.
  • You misused the product.
  • You in some way contributed to us not being able to provide a service.
  • You did not listen to our advice about the product or service and used the product, or demanded the service be conducted, in a different way than what we advised.
  • You were unclear in describing your needs or the problem and this contributed to us not being able to provide the service
  • The failure to provide the service is totally beyond our control.

In these cases we may refuse to provide a repair, replace or refund for the goods or service that we supplied.

Cancellations Due to Weather.

It should be noted that Dive Jervis Bay is not responsible for the weather. It is certainly "totally beyond our control". If you feel that the weather is unsuitable and wish to cancel a trip then we generally do not provide refunds. This is because we have a deeper understanding of weather conditions in Jervis Bay and we believe, with our experience, that the trip should go ahead.

We will 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 beyond anyone’s reasonable control, we will apply the following principles:

  • If you choose to cancel and seek a refund, we will provide a refund, less a $100 administration charge per booking as soon as possible after the event stabilises and normal operations can resume.
  • If you do not seek a refund, we will send out a Gift Certificate (with a 3 year expiry date) for the full value of the services that were cancelled due to the event or circumstances, as soon as possible after the situation stabilises.

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.

Trip Refunds

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:

  • Any refunds will incur a $100 administration charge from the amount originally paid to us.
  • If you change your mind, and want to seek a refund, and the departure time and date of the trip is within 14 days, we will not provide a refund to you.
  • You can however, change your mind about the date and time of your trip, or request a Gift Certificate (with a 3 year expiry date) to the full value of your trip, up to 7 days before the time and date of departure.
  • If you change your mind about the trip and it is under 3 days of the time and date of your trip departure, you will generally forfeit the amount you paid for the trip unless there are extenuating circumstances.

Courses Refunds

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.

  • You will then be entitled to a refund of all course fees, after the cost of any consumables used or opened by you (i.e. PADI eLearning Pass, Text Books, etc.) is subtracted, as well as an administration fee of $100.

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.

  • If you decide that you do not want to complete your course on the selected dates and request to move to a different date with less than 3 days’ notice, a $100 rescheduling fee is payable.

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.

  • If the student fails to complete all pre-tests and pre learning, prior to the commence date of any course, or fails to turn up on time to start the course, you will be liable for a $100 rescheduling fee to transfer to another course.

Cancellations by Dive Jervis Bay

If the boat or course is totally cancelled 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 and will incur the $100 administration charge. It may however be waivered at the discretion of Dive Jervis Bay.

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.

Other Matters

Dive Jervis Bay will do its very best to ensure Our boats 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 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.