Terms & Conditions
General Terms and Conditions
The term ‘Dive Arran’ or ‘Dive Arran Ltd’ or ‘us’ or ‘we’ refers to the owner of the website whose registered office is: Dive Arran Ltd, Margnaheglish House, Margnaheglish Road, Lamlash, Isle of Arran, KA27 8LL. Our company registration number is SC677009. The term ‘you’ refers to the user or viewer of our website.
A - General Overview
The content of the pages of this website is for your general information and use only. It is subject to change without notice.
Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through the website meet your specific requirements.
The website contains material which is owned by or licensed to us. This material includes, but is not limited to the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions. All trademarks reproduced in this website, which are not in the property of, or licensed to the operator, are acknowledged on the website. Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
From time to time, this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
Your use of this website and any dispute arising out of such use of the website is subject to the laws of Scotland, Northern Ireland, Wales and England. In these Terms, the following rules apply:
A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).
Unless the context otherwise requires, words in the singular shall include the plural and, in the plural, shall include the singular.
This agreement shall be binding on, and endure to the benefit of, the parties to this agreement and their respective personal representatives, successors and permitted assigns, and references to any party shall include that party's personal representatives, successors and permitted assigns.
A reference to writing or written includes email.
Any words following the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
By accepting the Terms and Conditions of our service you are also accepting in full our Refunds, Returns and Cancellations Policy which forms part of this agreement. You should check and review these terms prior to starting any e-learning or session with us.
B - Our contract to you
B.1 The booking you place constitutes an offer to purchase the products and services in accordance with these Terms. You are responsible for ensuring that the terms of the booking are correct. Please read and check your booking details before proceeding to payment. You may only purchase products and services from us if you meet the specified age and medical fitness requirements necessary for the acquisition of the activity and its related material.
B.2 Your Booking will only be deemed accepted by us when you have paid for the session and or products, monies received by us and written confirmation has been sent back to you along with links to your related learning material. Any email, order confirmation or other electronic acknowledgement by us of receipt of a Booking does not constitute legal acceptance by us of your Booking. We will confirm our acceptance to you by sending you an email confirming the date and meeting location of your booking. At this point the Contract between us is formed.
B.3 If we are unable to accept your Booking, we will inform of you this and will refund you any monies paid. This may be for a number of reasons including but not limited to; weather, resourcing constraints, equipment failure, an error in the price or description of the product or because we are unable to deliver the activity on the day you have specified. We reserve the right to cancel any booking for any reason.
C - Physical & Digital Products
C.1 Physical Products - images used on our Website are for illustrative purposes only. Despite every effort to ensure product colours are displayed correctly we cannot guarantee that a device’s display of the colours accurately reflects the colour of the products. The manufacturer may also change the colour shade of a product without notice as such your Product may vary slightly from those images.
C.2 Physical Products - packaging, labelling and exact branding of the product may vary from that shown on images on our website. All weights and sizes are supplied as a guide only and are approximate.
C.3 In-Person Courses - due to the nature of the course content and variable conditions no guarantee is provided at the time of checkout in relation to the delivery date of your in-person course modules. You will be contacted by a member of our team to agree and set a date for the in-person sessions. Please note our cancellation policy which details this further. In all cases we aim to deliver your in-person training within 6 months of your order, or a date agree with yourself if outside of this period.
C.4 Digital products are provided by PADI.com and require a manual order intervention. In most circumstances we'll have the digital product to you within 24 hours of your order but sometimes this can take longer; in all cases you should receive access to your digital product within in 72 hours. Your access link will be sent to the email address you provided during checkout. Please ensure this is correct at the time of order to avoid delay.
C.5 Digital products are hosted on PADI.com; if you have any issues with your digital product then you should contact us immediately so we can try and resolve the matter. If we are unable to help or you are dissatisfied with the product you should contact PADI directly by email: firstname.lastname@example.org
C.6 Digital products - once you redeem your digital product no refund shall be granted for any reason. If you are unhappy with the content or functionality of the digital products, you should contact PADI directly by email: email@example.com
C.7 We reserve the right to amend the product description if required and without notice
C.8 In the event that there are any errors regarding price or description; we reserve the right to correct that price or description and notify you accordingly. In these circumstances, it will be deemed that a contract has not been entered into and you will not be bound to continue with your purchase. We will cancel your order and your account will be refunded in full. The repayment of such monies paid to us will be the extent of our liability to you in the event of these errors.
C.9 Products which are on special offer, promotion or clearance are only available in limited qualities, sizes and colours. When stock of a product runs out, we will no longer be able to supply that item at the special offer or promotion price.
D - Product Pricing and Order Payment
D.1 The price of the product and or service is the price set out at the time you submit your order.
D.2 The price of the product is inclusive of VAT at the current rate chargeable in the UK. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
D.3 Payment will be taken at time of booking unless otherwise agreed in writing.
D.4 We are not liable for any bank charges that may be incurred by you if insufficient funds are available at the time when payment is taken.
D.5 All credit and debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment to us, we will not be liable for any delay or non-delivery.
D.6 To prevent fraudulent use of credit and debit cards, we instruct a third party to validate the names, addresses and other information supplied during the order process against commercially available records. By booking or ordering from the website you consent to such checks being made. We may need to contact you to verify details before we are able to process and dispatch your order or we may be unable to accept your order. Any information given may be disclosed to a registered Credit Reference Agency which may keep a record of the information. All information provided will be treated in accordance with the Data Protection Act 2018 and UK GDPR.
D.7 All bookings must be placed within the UK; debit/credit card’s registered outside of the UK will not be accepted for payment of an order and will be declined.
E - Product supply
E.1 For any physical product delivery charges will be shown during the checkout process; for some orders additional charges may be applied. Where this is the case we will contact you before processing your order. Orders containing e-products do not incur such charges.
E.2. We will not be liable for any delays caused by circumstances outside of our control, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any Products you have paid for but not received.
E.3 The product(s) in the order will be your responsibility from the time we deliver the product(s) to the address or email address you gave us.
E.4 You own the Product once we have received payment in full and agreed to provide you with your booked service or product.
E.5 We consider that you have accepted all digital products as soon as you register and begin to use said products. No return or refund may be made from this point onwards. These products are exempt from distant selling.
E.6 We only supply products for domestic, private and recreational use. All course materials are subject to copyright and are not under any circumstances to be used for commercial use or gain.
F - Offer’s and Promotions
F.1 Promotion codes – only one code per transaction may be used. Codes may be withdrawn at any time without notice and for any reason. You have no contractual right to any code or offer. Codes have no financial value. Not to be used in conjunction with any other offer and cannot be used for the purchase of gift vouchers. Certain products may be excluded from promotion without reason or notice.
F.2 Prices shown on our website and in printed or electronic media are correct at time of publication, prices may change without warning or notice by manufactures.
F.3 Price match – we do not price match our activities against any other provider.
F.4 Price negotiation – we do not negotiate on prices shown.
F.5 Special Events and Promotions: we routinely run local or nation promotions. These promotion’s or events may be withdrawn at any time, for any reason and without notice. Dive Arran Ltd reserve the right to refuse discount for any reason without explanation and any queries should be address to firstname.lastname@example.org
G - Other Terms
G.1 We amend these Terms from time to time. Each time you order Services from us, the Terms in force at the time of your Booking apply to the Contract between you and us.
G.2 We may transfer our rights and obligations under these terms to another organisation, but this will not affect your rights or our obligations under these Terms.
G.3 You may only transfer your rights or your obligations under these Terms to another person if we agree to this in writing.
G.4 This contract is between you and us. No other person shall have any rights to enforce any of its terms.
G.5 Each of the clauses of these Terms operates separately. If any court or relevant authority decide any of them are unlawful, the remaining clauses will remain in full force and effect.
G.6 If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking this Contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
H - Disputes or Queries
H.1 All queries or despites must be made in writing or email:
(a) by post, Dive Arran at Arran Active, Shore Road, Brodick, Isle of Arran, SCOTLAND, KA27 8AJ; or
(b) by telephone, 07713142214 ; or
(c) by email, email@example.com