TERMS AND CONDITIONS
Introduction
- These terms and conditions (“Terms”) shall govern how you as the customer will act towards
Phoenix Watersports Limited, a company registered in England and Wales. (“Phoenix
Watersports”, “we” or “us”) in store sales, training and trips or any other excursion or event of which you may
undertake with Phoenix Watersports. - When undertaking any activity with Phoenix Watersports, you agree to all the terms and
conditions laid out in this document. Should you not understand or fully agree to the Terms,
please ask for clarification.As soon as any payment is made to Phoenix Watersports this will be
taken as confirmation that you understand and agree to these terms. . - The general terms section of these terms apply to all customers and the specific terms section
apply depending on the activity booked. There are certain terms that will only apply to consumers
(within the meaning of the Consumer Rights Act 2015) and if you are not a consumer these terms
are specifically excluded from applying to you. When using any of Phoenix Watersports equipment
you agree to all the terms and conditions that relate to equipment hire listed within this document. - Any reference in these Terms to Phoenix Watersports shall include, where relevant, it’s employees,
agents or any contractors that it uses.
GENERAL TERMS
Bookings - To make any booking with Phoenix Watersports you must complete a booking form.
- The details that you provide and confirm in the booking form must be complete and correct,
including your confirmation that you are over 18, a “Consumer” (if relevant), and that you agree to
these Terms. You will also be asked to complete other documentation depending on the activity
booked, such as a medical questionnaire, a risk and liability form, and emergency contact details.
Again it is your responsibility to ensure that the details you provide are complete and accurate. - Any booking form completed in respect of a person under 18 years old and the activity to be
undertaken by them shall be the responsibility of the adult completing the booking form. - Any booking is not confirmed until payment of the required amount has been made to Phoenix
Watersports. Once payment has been made there is a valid contract between us which
incorporates these Terms. - Certain bookings require a minimum number of participants before the booking can proceed and
we reserve the right to alter the booking date to satisfy this requirement. We will always keep you
informed of any changes to a proposed booking date. - If you do not attend a confirmed booking date on time we may treat that booking as cancelled by
you and offer the space to another customer. We may charge you for any confirmed booking date
that you do not attend.
Cost and payment - The cost of any booking will be confirmed on the booking form and how the cost is split between
the non-refundable deposit and balance payment (if relevant). - Customers are required to make payment of the requested non-refundable deposit payment or full
amount, whichever specified, for the booking in order to secure a place. The balance payment will
be due 6 weeks in advance of booking date. If a booking is made within 6 weeks of the booking
date payment in full will be required on booking. - Payments should be made to the account detailed on the invoice provided with the booking form.
- Phoenix Watersports may change their prices at any time, however price changes will not apply to any
booking which has already been paid for in full. - The prices of all bookings are stated as including VAT (if applicable).
Cancellations - If a customer cancels a booking at any time, in advance of a booking date they shall be liable for the full
booking costs, we may issue a credit note in exceptional circumstances. - The cancellation terms above reflect the costs incurred by Phoenix Watersports in respect of any bookings
made with them. - If Phoenix Watersports is required to cancel a booking for any reason it will use reasonable endeavours to
provide a suitable alternative booking date for the customer. Phoenix Watersports will attempt to make an
alternative booking date. If this cannot be agreed it shall issue a refund for the cost of the booking to the
customer in the form of a credit note of the full amount with an expiry of 12 months.
V1 18.07.22 - The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013
(“Regulations”) set out cancellation rights during a 14 day “cooling off” period that apply to Consumers for
certain bookings made “off premises”. These cancellation rights do not apply to bookings for leisure
activities on specified dates and therefore do not apply to any bookings made with Phoenix Watersports. - If, due to exceptional circumstances including, but not limited to, illness, accidents and bereavement, a
customer has to cancel a booking Phoenix Watersports will consider the circumstances and in their discretion
decide whether to waive the cancellation terms set out in this section.
Liability and insurance - Phoenix Watersports will ensure that the services it provides will be carried out with reasonable
skill, care and attention in accordance with the industry guidelines applicable to the relevant
booking but you acknowledge that all activities offered by Phoenix Watersports have elements of
risk associated with them which cannot be eliminated despite the level of service provided. - All customers are responsible for their own conduct on any activity booked with Phoenix
Watersports and for following the instructions provided by Duttons Divers. If a customer’s conduct
is, in our reasonable opinion, unacceptable, poses a risk to the customer, other persons or
breaches these Terms then Phoenix Watersports reserves the right to exclude a customer from a
booked activity. Customers will not be entitled to a refund for the activity in these circumstances. - All customers are required to hold their own personal insurance in respect of the booked activity
to cover their personal liability and also any personal equipment they use. Phoenix Watersports
will not be liable for any breakage or loss any customer equipment on their premises or during
any booking. - You acknowledge that if you provide any inaccurate information on booking or medical forms that
this may invalidate our insurance. - Phoenix Watersports will not be liable in the event they are not able to provide an activity for a
cause beyond their reasonable control (which shall include, without limitation, adverse weather
conditions). If an event beyond their control occurs, Phoenix Watersports obligations under
these Terms will be suspended and its liability shall be limited to making reasonable efforts to
provide an alternative time for the activity once the event beyond their control has passed. - Phoenix Watersports will be responsible for any foreseeable loss or damage that customers
suffer as a result of a breach of these Terms or as a result of their negligence. They will not be
responsible for any loss or damage that is not foreseeable. - Nothing in these Terms is intended to or will exclude Phoenix Watersports liability for death or
personal injury caused by negligence or for fraud or fraudulent misrepresentation.
Health and safety - Certain activities provided by Phoenix Watersports are physically strenuous and present certain
risks and customers acknowledge this when booking. - Customers will be required to complete a medical questionnaire when booking an activity with
Phoenix Watersports but it is the customers responsibility to ensure they are fit and well enough
to participate in any activity booked and if there are any concerns customers should seek advice
from a medical professional. If you have any medical conditions, have family history or a medical
condition or take any medication we advise that you contact us prior to booking to discuss this.
Phoenix Watersports reserve the right to refuse your participation should you attend the session
and declare a medical issue not disclosed prior to booking. Should this instance arise, no refund
will be given. - Customers should not attend any activity under the influence of alcohol or drugs.
- Safety briefings will be provided by Phoenix Watersports before all activities start and it is your
responsibility to ensure you attend and follow the instructions in the safety briefing.
Personal data - We will only use your personal information as set out in our privacy policy which is available on
our website. .
Complaints and contact details - We always welcome feedback from our customers and while we hope that you will be satisfied
with the services that Phoenix Watersports provide, we would like to hear from you if you have
any cause for complaint. - If you would like to contact us in relation to a complaint, or for any other reason, you can contact
us at admin@phoenixwatersports.co.uk
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General clauses - Any changes to these Terms will only be effective where they are in writing and signed by you and
us. - These Terms and the booking, medical and any other forms provided to you at the time of booking
constitute the whole agreement between you and Phoenix Watersports and replaces any previous
agreements, whether oral or in writing, between us. - If either party needs to give each other a notice in relation to these Terms they shall communicate
this in writing to the latest email address or physical address provided to each other. Notices by
email or delivered personally shall be deemed received when delivered providing that is within
business hours. Notices by post or courier will be deemed received on the second business day
after posting. - No third party may rely on these Terms or the booking agreement between us.
- These Terms and your booking with us shall be governed by and construed in accordance with
English law. Any disputes (including non-contractual disputes or claims) shall be dealt with in
accordance with English law and the courts of England and Wales are the only place where
disputes arising from these Terms and our booking agreement shall be heard (unless your
consumer rights entitle you to be heard in another jurisdiction).
SPECIFIC TERMS
Snorkelling - Snorkelling has its own inherent risks and a risk and liability form will be provided to you on
booking. Should you choose not to accept these risks, then you will not be able to participate.
Should an instance arise whereby you do not accept these risks and have booked the session, no
refund will be given. - Drysuits, wetsuits or life jackets will be provided and must be worn throughout the session to aid your
buoyancy. This is regardless of your swimming ability. - Our snorkelling sessions involve a short briefing and equipment use session, undertaking a number of
skills within shallow water. Based on your performance during the skills session, our instructors
reserve the right not to take you out into deeper water. - During the session you will be using equipment owned by Phoenix Watersports.Any loss or breakage
of the equipment as a result of your actions will be charged to you.
Experiences (Try Scuba) - Scuba diving has its own inherent risks and a risk and liability form will be provided to you on
booking. Should you choose not to accept these risks, then you will not be able to participate.
Should an instance arise whereby you do not accept these risks and have booked the session, no
refund will be given. - Our try dives involve a short session undertaking a number of skills within the training area prior to
exiting into the open water. Based on your performance during the skills session, our instructors
reserve the right not to take you out of the training area. - During the session you will be using equipment owned by Phoenix Watersports.Any loss or breakage
of the equipment as a result of your actions will be charged to you.
Courses - Scuba diving has its own inherent risks and a risk and liability form will be provided to you on
booking. Should you choose not to accept these risks, then you will not be able to participate.
Should an instance arise whereby you do not accept these risks and have booked the session, no
refund will be given. - In addition to the Phoenix Watersports booking form, you will be required to completed 3 SSI
forms in relation to medical details, liability and general risk. Should you answer “yes” to any of the
questions on the medical form, then you will not be able to participate without authorisation from a
medical practitioner. - Any course materials included with the course will be electronic. The course materials will not be
sent to the individual until the full balance of the course is made unless specified otherwise. - Any courses or equipment purchased as part of offers at dive shows will be paid in full and are not subject to the
refund process. These courses may be purchased at the time as open bookings and equipment may be placed on order from the relevant manufacturer. - Course dates may be agreed upon once a deposit has been made. Should you make a cancellation
of a specific date or request to change a course date, this will incur a £199 cancellation fee per
training day. - Should a course be cancelled by you for any reason once the training has commenced, no refund
will be offered. - The number of course days assigned to the course are minimum training requirements. Your course
payment covers these amount of training days. Should additional training be required in order for
the candidate to pass the course, this will incur additional fees of £249 per day
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Training - During any training provided by Phoenix Watersports you agree to dive safely and follow the
instructions of your instructor. Should the instructor deem your diving practices unsafe, they will be
within their rights to stop the training and no refund will be given. - Should the qualifying instructor deem that you have not met the required course standards,
Duttons Divers will not be obliged to process certification. There will be no refund should this occur
and further training will be offered at the chargeable rate of £199 per day. - You must be at the dive centre at the time given for your training session. Should you not be on
time, Phoenix Watersports reserve the right to cancel your session. This will be charged at the rate
of £249 for the day. - Should you be unfit to dive, it is your responsibility to inform us at the earliest opportunity. Cancellations
for any reason will be charged as day rate £249pp. - Should your medical history change at any point during your course you must inform us. Any medical
condition not declared will affect your insurance. - It is your responsibility to ensure that the theory side of the course is completed. No certification will
be processed without all elements of the course being completed.
Equipment hire - Any equipment belonging to Phoenix Watersports that is used by the customer must be looked after and
carefully maintained. If you have any concerns about the condition of the equipment provided you
should report the issue to a member of the Phoenix Watersports team before using it. If you do not report
any concerns and an issue is identified with any equipment you have used after you return it you may
incur charges for its repair or replacement. - You will be required to pay repair or replacement costs for any damage or loss of equipment due to your actions.
- If you do not understand how any equipment you are hiring works please ask a member of the Phoenix Watersports
team.
Shore and boat dives - Scuba diving has its own inherent risks and a risk and liability form will be provided to you on
booking. Should you choose not to accept these risks, then you will not be able to participate. Should
an instance arise whereby you do not accept these risks and have booked the session, no refund will
be given. - You agree to being a qualified diver. Should you book the shore, boat dive or experience and find
that the dive is not within your limits, no refund will be given. - In the event of bad weather, the skipper of the boat and/or dive guide will make the decision as to
whether or not the dive takes place. Should this decision be made by us, then an alternate dive site
will be sought to dive. This may be a shore dive if the reason is due to bad weather at sea. Should
this alternate site be offered and conducted then no refund or future dive date as a replacement will
be offered. Phoenix Watersports may offer the difference in payment to which the dive package is
worth. - Should you choose not to participate in the dive for any reason, no refund will be given.
- Phoenix Watersports always endeavour to send the dive plan details 7 days before the trip,
however on occasion there may be instances when this is not adhered to because of a
requirement to check tides, the dive site for visibility, logistics etc. - Should the visibility be poor, yet deemed safe to dive after consideration of our risk assessment, no
alternate dive will be offered or refund given.
Scuba Escape - Scuba diving has its own inherent risks and a risk and liability form will be provided to you on
booking. Should you choose not to accept these risks, then you will not be able to participate.
Should an instance arise whereby you do not accept these risks and have booked the session, no
refund will be given. - In addition to the Phoenix Watersports booking form, you will be required to completed a form in
relation to medical details, liability and general risk. Should you answer “yes” to any of the
questions on the medical form, then you will not be able to participate without authorisation from a
medical practitioner. - Any Scuba Escape booked as part of offers at dive shows will be paid in full and are not subject
to the refund process. These may be purchased at the time as open bookings. - Scuba Escape dates may be agreed upon once a deposit has been made. Should you make a
cancellation of a specific date or request to change a course date, no refund will be given. - Should a Scuba Escape be cancelled by you for any reason once the activity has commenced, no
refund will be offered. - Should you be late for the activity, Phoenix Watersports reserve the right to take this as cancellation
by you of the activity and no refund will be given.