Article 1: General
In these general terms and conditions, the following definitions apply:
- All Stars Diving: All Stars Diving Foundation in Zoetermeer;
Customer: the natural person who has entered into an agreement with All Stars Diving with regard to the purchase of services or products or who has the intention to do so;
Agreement: the oral or written agreement between a customer and All Stars Diving about the purchase of services, including training, courses and activities, and/or products;
Personnel: all persons who perform work in the service of and/or on behalf of All Stars Diving;
Services and products: all services and products provided by All Stars Diving, including, among other things, diving education, courses, introductory dives, single guided dives, rental and sale of equipment.
- These general terms and conditions apply to all services and products of All Stars Diving.
- If a provision in these general terms and conditions should prove to be invalid, the other provisions will remain in force. The parties will then enter into consultations to arrive at a replacement arrangement that is as close as possible to the intention of the provision to be replaced.
- All Stars Diving has the right to unilaterally change these terms and conditions. The most recent version will be published on the All Stars Diving website after modification.
- Dutch law applies to all agreements concluded with All Stars Diving.
Article 2: Conclusion of agreement
- An agreement between the customer and All Stars Diving can be concluded verbally (in person or by telephone) and/or in writing by email or by registering on allstarsdiving.com.
Article 3: Participation in training/course/activity
- A customer can follow an agreed training, course or activity on the days as agreed between the parties.
- If a customer wishes to deviate from this, this is only possible after consultation and approval of All Stars Diving. If a customer is unable to attend one or more training/course days or lessons, for whatever reason, All Stars Diving is not obliged to facilitate or organize alternative training/course days or lessons. However, often entry into the same course but on a different date, or private lessons is possible at an additional cost.
- A customer is not entitled to a refund of the costs associated with training/course days, lessons and/or activities that the customer has not been able to follow.
- All Stars Diving reserves the right to change scheduled training/course days, lessons or dates of activities due to weather conditions, insufficient participants or other circumstances beyond All Stars Diving’s control. In consultation with the customer, All Stars Diving will schedule a new day.
Article 4: Payment
- When registering for a training/course, a deposit of € 100.00 must be made. The remaining tuition as well as the costs of an activity (such as an introductory or guided dive) must be paid in full before the start on the basis of an invoice sent by All Stars Diving, unless otherwise agreed.
- All Stars Diving uses a payment term of 14 days for a training/course.
- If a registration takes place less than 2 weeks before the start of a training/course, the invoice amount must be paid immediately after the invoice has been sent.
Article 5: Cancellation
- In case of cancellation by a customer within 4 weeks before the start of a training/course or activity, All Stars Diving will charge the following costs: – cancellation less than 4 but more than 2 weeks before the start: 25% of the invoice amount; – cancellation less than 2 weeks but more than one week before the start: 50% of the invoice amount; – in case of cancellation within 1 week before the start: 100% of the invoice amount. If the customer does not show up on an agreed lesson day(s) without notice, no refund of the course fee will be made.
- In the event that the customer, despite the provisions of Articles 4.3, has not (yet) fulfilled his payment obligation and cancels less than 4 weeks before the start, All Stars Diving will still – whether or not by means of collection measures – enforce the payment obligation against the customer.
- Any refunds will be paid by All Stars Diving within 14 days after the repayment obligation arises.
Article 6: Early termination and refund
- If, after the start of the training/course, the customer wishes to terminate it prematurely, and there is no demonstrable force majeure, the invoice amount will not be refunded.
- If the customer wishes to terminate the training/course prematurely, and there is demonstrable force majeure, a refund will be made of payments made in connection with the training in question, for a maximum amount that is in reasonable proportion to the part of the training/course that will no longer be followed.
Article 7: Use diving equipment
- If the customer rents or has received diving equipment on loan for the duration of a course, the customer must exercise the necessary care with regard to these diving equipment.
- In the event of loss or theft, the purchase value of the diving equipment will be charged to the customer by All Stars Diving.
- If it is determined that the diving equipment has been damaged or defective due to negligence on the part of the customer, the costs for repair or replacement will also be charged to the customer by All Stars Diving.
Article 8: Liability
- There are risks associated with all forms of diving, including training. The customer is deemed to be familiar with these risks and to accept them. The customer demonstrates this by signing the ‘Disclaimer for recreational diving training’. All Stars Diving and/or its staff can never be held liable for damage (as a result of, among other things, death, physical or mental injury, accidents and injury) suffered by the customer or third parties, arising from the risks that are logically connected with practicing diving.
- All Stars Diving will perform its obligations towards the customer to the best of its knowledge and ability and is entitled to engage third parties for the performance of a service.
- In the event of non-compliance with its obligations by All Stars Diving, the amount of damage to be recovered will never be higher than the original invoice amount. All Stars Diving will never be liable for consequential damages.
- All Stars Diving cannot be held liable for actions and influences of third parties not directly involved in the execution of the agreement. This in any case includes circumstances that are not attributable to All Stars Diving and that cannot reasonably be attributed to All Stars Diving under Dutch law or the prevailing standards in society.
- All Stars Diving is not liable for damage, theft, misappropriation, loss or confusion of items brought by customers or visitors.
Article 9: Confidentiality
All information that All Stars Diving obtains from the customer will be treated confidentially and will not be disclosed to third parties (with the exception of SSI International) unless All Stars Diving can be obliged to do so. The privacy statement of All Stars Diving provides further information on how personal data is processed.