Dive Jervis Bay will comply with all NSW Fair Trading requirements and acknowledge that our trips 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.
All Products and Services, including trips and courses that are purchased from Dive Jervis Bay will meet the following general guidelines.
- Provided with acceptable safety, care, skill and technical knowledge by our staff
- Fit for purpose, and provide appropriate results like what we have described
- Delivered within a reasonable timeframe considering, weather, environment, availability and any Extenuating Circumstances
If we have not followed these guidelines, you may be entitled to a refund, exchange or gift certificate depending on the situation and type of product, and what is agreed with you as the consumer.
When we are assessing if a refund is appropriate for your situation, it is the above three factors that we will be assessing your claim against, not any personal grievance you may claim.
- If you believe that you are due a refund because one of the above guidelines has not been met, please email firstname.lastname@example.org and explain the circumstances and provide all relevant documentation.
- If you send a complaint to us, we will provide you with a written response to your concerns within 21 days.
- Refunds, once approved by Management, are usually processed by our Accounts Department (not the shop) within 21 days of the approval to provide a refund being sent to them. Please allow these timeframes to expire before contacting us regarding your complaint.
- We do not redeem Gift Certificates to cash or refund Gift Certificates under any circumstances.
- Gift Certificates are for the nominal cash value at the time of purchase, not the product that they were purchased for.
- We may at our sole discretion, transfer a Gift Certificate to another person or allow you to purchase stock from the store to the value of what you paid rather than the product originally purchased.
- We believe that it is reasonable that most people can rebook a totally cancelled service within a 3-year timeframe, we can however extend that period if so required because of extenuating circumstances.
WHEN ARE YOU NOT ENTITLED TO A REFUND?
- Under NSW Fair Trading Guidelines, and Australian Consumer Law, businesses generally do not have to provide a refund in certain circumstances such as:
- You simply changed your mind.
- You in some way contributed to us not being able to provide a product or service;
- for example, not being available to pick up items or attend a course or trip within appropriate time frames.
- You did not listen to our advice about the product or service;
- for example if you used a product incorrectly or demanded a service in a different way than what is safe or reasonable, or went against what we advised.
- You were unclear in describing your needs or your problem and this contributed to us not being able to provide the product or service;
- for example, you asked for specialist Yolk Equipment but actually needed DIN.
- The failure to provide the product or service is TOTALLY BEYOND OUR CONTROL;
- for example, weather, local disaster, pandemic, international availability or other localised factor (visibility for example).
- If we reasonably believe that your complaint falls into one of these categories we may refuse to provide a refund for the products or services that we supplied.
WEATHER AND OTHER NATURAL FACTORS
- It should be noted that Dive Jervis Bay is not responsible for the weather or the visibility underwater.
- These are certainly "totally beyond our control" and change depending on many natural factors. Given localised changes and the size of the Bay, most times you cannot tell what the situation is until you are out at the dive site.
- If you feel that the weather or visibility is unsuitable and you wish to cancel a trip, however we are still going out because we believe the trip should go ahead as planned, we generally do not provide refunds.
- This is because we have a deeper understanding of conditions in Jervis Bay and we believe, with our experience, that although not perfect the conditions are still safe and reasonable for customers.
- Alternatively, we will also cancel any trip or course where we believe conditions are not suitable and safe without negotiation with customers.
- If the boat, trip or course is totally cancelled before it even starts by Dive Jervis Bay due to bad weather or any other reason an alternate booking date suitable to the customer will be negotiated at the time of cancellation or a Gift Certificate (with a 3-year expiry date) will be offered.
- Our timeframes for rebooking totally cancelled services meet or exceed those provided by both PADI Guidelines and NSW Legal Requirements. PADI guidelines are to apply a 12-month period to complete any course or trip that cannot be completed in their initial booking timeframe, and we provide a 3 Year Gift Certificate to allow plenty of time for any customers to re-book.
- A refund will only be provided if a further booking in a 3-year period is not possible due to a significant reason,
- if a refund is the only option, we will provide the refund in line with the following guides:
- Trips will be a full refund for any trip that was TOTALLY CANCELLED BY DIVE JERVIS BAY.
- Course refunds will be the full amount remaining after the cost of any consumables used or opened by you (i.e. PADI eLearning Pass, Text Books, etc.) is subtracted (minimum $200).
- PADI eLearning courses and textbooks can be used at any PADI Dive Centre in the World to continue your training.
- We cannot refund, redeem, or reuse these items once you have opened them as they are provided by a third party (PADI) to you directly for your personal use,
- PADI will not refund the item if it is used or opened in any way.
- If a trip is PARTIALLY CANCELLED by Dive Jervis Bay for whatever reason after it has started, pro-rata refunds will generally be provided as in store Gift Certificates, or Club Credit depending on the circumstances.
- With Courses, PADI requires that any courses where you have already commenced the Practical Component is completed within 12 months of the start date. This means you will have 12-months to rebook a time to complete your training from the last date you attended the Practical Component.
- We generally do not refund Students on courses who cannot continue with their training with us within PADIs 12-month window unless there are major extenuating circumstances. However, any students who so desires, will be issued with a referral document to continue it at any PADI Dive Centre worldwide if they advise us of their needs during that 12 months.
- Please be aware that another PADI Dive Centre may charge you additional fees to finish the course with them and that is purely between you and the new training provider, we are not involved or responsibility for any third party arrangements with the new training provider and the charges you paid us are not transferable to the new Dive Centre in any way.
- Except in extenuating circumstances, if you choose for what ever reason not to proceed with a Course with us, (in that 12 month period) we will generally treat it as a change of mind.
SAFETY or ENVIRONMENTAL BREACHES
- We may, at our sole discretion, refuse to provide you with a product or service that you have booked and paid for if in the reasonable opinion of our staff you present a danger to yourself or others or you present a danger to the marine environment, for example:
- You have booked and paid for a course or trip, but are not qualified for it.
- You have failed to meet the requirements of a course and the Instructor has deemed that you are unsafe to continue diving at that level
- You have paid a deposit for a special order, but cannot safely use that item with what you are proposing
- You are observed harming marine life during a dive, and are told you cannot get back in the water with us
- You want to hop in and swim with some whales, but we believe that it is unsafe or they have calves with them.
- In these cases you generally forfeit all monies paid to us and we will not provide you a refund
- (AND YES, They have all occurred). REMEMBER IT IS YOUR RESPONSIBILITY TO PROVIDE US WITH YOUR APPROPRIATE CERTIFICATION
NSW Fair trading advise that businesses are under no obligation to refund consumers who simply change their mind. Our position is that any refunds requested that are due to ‘change of mind’ are purely at our discretion and made as a good will payment. In these cases, the principles that we apply to determine a goodwill refund are below:
- Products must be returned in a timely manner usually a maximum of 7 days from purchase, and unused and unopened suitable for resale.
- The amount of any refund of a product for change of mind will be determined by the items suitability to be resold.
- We may at our sole discretion refuse to provide a change of mind refund, or not refund the full amount, if the product or packaging has been damaged by you or the product cannot be reused or resold.
- We will generally charge a $25 restocking fee to deal with the cost of the refund and putting it back into stock.
- Any cancellation will incur an appropriate administration/services charge from the amount originally paid to us depending on the reason for the change of mind and the time between when you advised us of the request to cancel and the date of the trip or excursion.
- We will consider change of mind refunds in the following timeframes.
- Over 28 days’ notice we generally refund the full amount with only a $50 administration charge per booking.
- Up until 14 days’ notice we usually apply a $110 charge per diver/student (as many of our trips and courses depend on advanced bookings and the chances of replacing you on the course or trip is low).
- Under 14 days of the trip / course date, we generally do not provide a refund for change of mind
- However, if you have changed your mind under 14 days, we still provide the following options for you.
- Up to 7 days prior to the start date, we will provide a Gift Certificate (with a 3-year expiry date) TO THE FULL VALUE of your trip at your request or you can move to a different date if there is availability.
- We may, at our sole discretion, apply a $50 rescheduling fee to process your request.
- Under 7 days of your trip or excursion state date, you will generally forfeit the amount you paid if you simply change your mind.
- If you simply fail to show up on the day and time of the trip or excursion, you will definitely forfeit the amount paid unless there are significant extenuating circumstances involved
- If you have purchased a course then found that you are or have become permanently unfit to dive, you are required to provide us a copy of a medical certificate or a letter, certified by your General Practitioner that you are Permanently Unfit to Dive in accordance with the RSTC Medical Statement.
- You will then be entitled to a pro-rata refund of all course fees, after the cost of any consumables used or opened by you (i.e. PADI eLearning Pass, Text Books, etc.) and the pro-rata cost of any training provided to you by us is subtracted (this generally equates to a minimum of $200).
- Once you start the PRACTICAL COMPONENT of the course you will have 12 months to complete your training (this is a PADI requirement).
- No refund will be provided if you do not continue with the course for any reason except extenuating circumstances
- This applies even if the course can’t continue due to weather or other factors and is cancelled by Dive Jervis Bay.
- If you as a student fails to complete all pre-tests and pre-learning, prior to the commencement date of any course, or fail to turn up on time to start the course, you will be liable for a $110 rescheduling fee to transfer to another date and time.
- If during the course the instructor does not believe that you have met the required standards, or if they believe more training is required by you in a specific area before continuing the course we generally do not charge a rescheduling fee for the next attempt of the course.
- If, after the retraining attempt you still cannot demonstrate that you can meet the course requirements, you may (at our discretion) be charged a $199 course fee for any further attempts to pass the course.
- You can at any time elect to get a referral document from the instructor to take to another PADI Dive Centre to complete your course, however it is the sole discretion of the Instructor as to what skills and competencies they are willing to sign off as competent within the Referral. (to discuss your options with Courses please email email@example.com)
- Please be aware that another PADI Dive Centre may charge you additional fees to finish the course with them, and that is purely between you and the new training provider. We are not involved or responsibility for any third party arrangements with the new training provider and the charges you paid us are not transferable to the new Dive Centre in any way.
We do try our best to be fair and reasonable in all personal circumstances, however sometimes we simply cannot deal with your concerns or meet your expectations in 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 and possible.
- If you make a booking with us and then your situation changes such as:
- Getting diagnosed with a serious health issue,
- Become pregnant
- Suffering from a significant personal situation or loss
- You have an accident on the day or have been hospitalised
- You have been declared permanently unfit to dive
- You will need to provide us with some form of documentation to demonstrate your situation
- Then we may provide an appropriate refund (in line with the Cancellation Section outlined above) at our total discretion.
LARGE SCALE MASS EVENTS
- DURING LARGE SCALE MASS EVENTS (Such as bushfires, Covid-19, floods 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 apply the following principles:
- IF YOU CHOOSE TO SEEK A REFUND, we will provide the refund, less a $110 administration fee on the booking, and a 20% contract exit charge to cover our losses as soon as possible after the event stabilises and normal operations can resume. The timing of these refunds will depend on our ability to fund them after the stabilisation.
- 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.
- Please be aware that we will not review requests for refund until the situation stabilises, especially if we are directly affected, if our store is forced to close, or we don’t know what the recovery situation will be. As a small business, we simply do not have the resources to fund months of closure such as occurred with COVID and as a result we generally close to save costs which means we will not even see your request to we return.