Scubabo Cairns - Privacy Policy & Terms and Conditions of Bookings

Scubabo Dive is committed to providing quality services to you and this policy outlines our ongoing obligations to you in respect of how we manage your Personal Information.

We have adopted the Australian Privacy Principles (APPs) contained in the Privacy Act 1988 (Cth) (the Privacy Act). The NPPs govern the way in which we collect, use, disclose, store, secure and dispose of your Personal Information.

A copy of the Australian Privacy Principles may be obtained from the website of The Office of the Australian Information Commissioner at https://www.oaic.gov.au/.

What is Personal Information and why do we collect it?

Personal Information is information or an opinion that identifies an individual. Examples of Personal Information we collect includes names, addresses, email addresses, phone and facsimile numbers.

This Personal Information is obtained in many ways including correspondence, by telephone and facsimile, by email, via our website www.cairns.scubabo.com, from your website, from media and publications, from other publicly available sources, from cookies and from third parties. We don’t guarantee website links or policy of authorised third parties.

We collect your Personal Information for the primary purpose of providing our services to you, providing information to our clients and marketing. We may also use your Personal Information for secondary purposes closely related to the primary purpose, in circumstances where you would reasonably expect such use or disclosure. You may unsubscribe from our mailing/marketing lists at any time by contacting us in writing.

When we collect Personal Information we will, where appropriate and where possible, explain to you why we are collecting the information and how we plan to use it.

Sensitive Information

Sensitive information is defined in the Privacy Act to include information or opinion about such things as an individual’s racial or ethnic origin, political opinions, membership of a political association, religious or philosophical beliefs, membership of a trade union or other professional body, criminal record or health information.

Sensitive information will be used by us only:

• For the primary purpose for which it was obtained

• For a secondary purpose that is directly related to the primary purpose

• With your consent; or where required or authorised by law.

Third Parties

Where reasonable and practicable to do so, we will collect your Personal Information only from you. However, in some circumstances we may be provided with information by third parties. In such a case we will take reasonable steps to ensure that you are made aware of the information provided to us by the third party.

Disclosure of Personal Information

Your Personal Information may be disclosed in a number of circumstances including the following:

• Third parties where you consent to the use or disclosure; and

• Where required or authorised by law.

Security of Personal Information

Your Personal Information is stored in a manner that reasonably protects it from misuse and loss and from unauthorised access, modification or disclosure.

When your Personal Information is no longer needed for the purpose for which it was obtained, we will take reasonable steps to destroy or permanently de-identify your Personal Information. However, most of the Personal Information is or will be stored in client files which will be kept by us for a minimum of 7 years.

Access to your Personal Information

You may access the Personal Information we hold about you and to update and/or correct it, subject to certain exceptions. If you wish to access your Personal Information, please contact us in writing.

Scubabo Cairns will not charge any fee for your access request, but may charge an administrative fee for providing a copy of your Personal Information.

In order to protect your Personal Information we may require identification from you before releasing the requested information.

Maintaining the Quality of your Personal Information

It is an important to us that your Personal Information is up to date. We  will  take reasonable steps to make sure that your Personal Information is accurate, complete and up-to-date. If you find that the information we have is not up to date or is inaccurate, please advise us as soon as practicable so we can update our records and ensure we can continue to provide quality services to you.

Policy Updates

This Policy may change from time to time and is available on our website.

Privacy Policy Complaints and Enquiries

If you have any queries or complaints about our Privacy Policy please contact us by writing to:

32 Chaplain Ave, Manunda QLD 4870
cairns@scubabo.com

Terms and Conditions of Tour and Course Bookings

Scubabo Group Pty Ltd T/A Scubabo Dive

Cairns, Queensland & Queenscliff, Victoria


PAYMENT

– Courses & Tours require full payment at time of booking.  

CANCELLATION POLICY

If the minimum numbers for an activity have not been met or conditions are not suitable and Scubabo Dive decides to cancel, you will be entitled to a credit or full refund.

If you decide to cancel:

– The penalty period for tours is 48 hours from the scheduled tour.

– The penalty period for courses is 7 days from the scheduled start date.

– Transfers are possible if made outside the penalty period.

– If you fail to attend you will forfeit the full cost of the activity.

– All cancellations and refunds are subject to management’s discretion.

– Please allow at least 7 days for processing a refund.


UNUSED SERVICES

Due to weather and/or other causes beyond the control of Scubabo Dive, there is a possibility of services not being completed.  Scubabo Dive will make every endeavour to secure refunds or a credit for future use, but will not be held responsible for refunds not forthcoming.

– Any tour or course changes are at the discretion of management and safety is our number one concern.  Should a trip or course be cancelled by Scubabo Dive, a credit will be given to the value of the activity for future use.

– All activities must be completed within 180 days of the original scheduled start date.


TRIP ITINERARY & DIVE SITES

The nature of diving that we are depended on weather conditions.  There is always the possibility that a specific dive site as advertised in the trip description cannot be visited due to poor weather conditions.  The vessel operator will select the safest sites available by putting diver’s safety first and by considering the experience level of all divers on board.  No refunds are available for such circumstances unless the particular operator agrees to provide a refund or partial refund or other form of compensation.


RENTAL EQUIPMENT & HIRE GEAR

– Use of any hire gear is at your own risk.

– You must check all hire gear items prior to the dive.

– No refunds are given to anyone who hires diving equipment and does not use it or returns the equipment early.

– If equipment is not returned by the end of the hire agreement period, charges will apply.

– You are fully responsible for any lost or damaged equipment.

– You allow us to charge your credit card for any lost or damaged equipment.


MEDICAL CLEARANCE

All activities will require the completion of some form of a Medical Questionnaire prior to commencement.  If you are at all concerned, please contact Scubabo Dive outside of the penalty period.  If you fail to gain medical clearance within the penalty period you will need to reschedule at your own expense as per the normal transfer conditions.

– In the event of a medical condition permanently preventing you from attending the activity you will be entitled to a credit or full refund if outside of the penalty period.

– You are able to transfer your scheduled activity to a friend or family member at any time.  If online training has been issued, there will be $100 change-of-name fee required.


CERTIFIED DIVER REQUIREMENTS

– You must bring your diving certification card and log book with you.

– You must arrive 20 mins before departure of any vessel.

– Recreational divers must not exceed a maximum bottom depth of 40m.

– You must dive with a dive computer, snorkel and SMB.

– You must disclose any medical conditions to us and/or any medications.

– You must conduct a buddy check and remain within reach from your buddy whilst underwater.

– You must conduct a safety stop at the end of each dive for at least 3 minutes at a depth of 5 metres.


FLYING AFTER DIVING

Flying is not recommend within 24 hours after your last dive.  Decompression sickness (DCS) can occur when you fly immediately after scuba diving due to the change in atmospheric pressure 


GIFT VOUCHERS AND CREDIT NOTES

– Must be redeemed within 180 days of the issue date.

– Not exchangeable for cash.


NOTES

– If one term is found to be unlawful all others remain valid.

– You agree to be added to our email campaigns with the option to unsubscribe.

– You give us permission to use any photographs or video footage for promotional purposes


Liability Release and Assumption of Risk 

All of our activities require you to agree to the terms of our assumption of risk and liability release form.

I HEREBY ACKNOWLEDGE and agree that snorkelling / scuba diving / free diving / swimming is a potentially dangerous activity and involves the risk of serious injury and/or death and/or property damage.  I FURTHER ACKNOWLEDGE that diving with compressed gas involves risks and injuries that can occur which require treatment in a medical facility and/or recompression chamber.

I UNDERSTAND that open water diving trips, which are necessary for training and certification or for other diving activities, may be conducted at a site that is remote, either by time or distance or both, from a recompression chamber or medical facilities.

I UNDERSTAND AND AGREE that snorkeling, scuba diving and related activities involve physical exertion in a marine environment that expose me to risk of injury or death from heart attack, panic, hyperventilation, hypothermia, drowning, fatigue and exhaustion, as well as from wind and weather conditions, tides, currents, waves, equipment failure, interactions with watercraft, swimmers and aquatic life, rocks, docks, pilings, buoys and other potential hazards, any or all of which may not be visible, known or anticipated, and I agree these are all INHERENT RISKS of my chosen activity. 

I HEREBY assume all risk of bodily injury, death or property damage, now and forever, arising out of or related to participation and/or instruction in said course, activities, or any other related diving operations, whether foreseen or unforeseen and whether caused by the NEGLIGENCE of the Releasees or otherwise.  I HEREBY RELEASE, to the fullest extent allowed by law, waive, discharge and agree not to sue Scuba Schools International or any of its parent, subsidiary or affiliated companies (“SSI”), as well as SCUBABO / FRANKLAND ISLANDS GROUP / QUEENSLIFF DIVE CENTRE / COBB & CO LODGE, and all of their instructors and dive professionals, and all of their parent, subsidiary or affiliated companies, agents, employees, officers, directors, owners or sponsors (the “Releasees”) from all responsibility or legal liability to me, my personal representatives, assigns, heirs and next of kin, for any and all loss or damage, and any claims or demands on account of injury to my person or property or resulting in or from my death, now and forever, arising out of or related to participation and/or instruction in said course, activities, or any other related diving operations, whether caused by the negligence of the releasees or otherwise. 

I agree that my participation in snorkelling / scuba diving / free diving / swimming is entirely voluntary and of my own free will.  I HEREBY separately agree to indemnify and save and hold harmless the releasees from any loss, liability, damage or cost that they may incur, now and forever, arising out of or related to participation and/or instruction in said course, activities, or any other related diving operations, whether caused by the negligence of the releasees or otherwise.

I HEREBY ACKNOWLEDGE that injuries received may be compounded or increased by negligent rescue operations or procedures of the releasees and agree that this waiver and release of liability, assumption of risk and indemnity agreement extends to all acts of negligence by releasees, including negligent rescue operations.

This document constitutes the FINAL AND ENTIRE AGREEMENT regarding the subjects it covers, and it is binding upon the heirs, successors and assigns of the parties even if I die or become incapacitated.  This document supersedes any and all other documents or oral statements, and I represent that I am not relying upon any oral or written representations that conflict with what is set forth in this document.  This Waiver and Release of Liability, Assumption of Risk and Indemnity Agreement is intended to be as broad and inclusive as permitted by applicable laws, but it is not intended to assert any claims or defences that are prohibited by law, and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.

I UNDERSTAND AND AGREE that SSI Dive Centres, Diving Schools, Resorts their affiliated Dive Professionals, associated with the program in which I am participating, are licensed to use various SSI Trademarks and to conduct SSI training, but are not agents, employees or franchisees of Scuba Schools International or any of its parent, subsidiary or affiliated companies (“SSI”).

I FURTHER UNDERSTAND AND AGREE that the Dive Centre, Diving School, Resort and their affiliated Dive Professionals business activities are independent, and are neither owned nor operated by SSI, and that while SSI establishes the standards for SSI diver training programs, SSI is not responsible for, nor does it have the right to control, the operation of the business activities and the day-to-day conduct of SSI programs and/or supervision of divers by the Dive Centre, Diving School, Resort and their affiliated Dive Professionals or their associated staff.  

I FURTHER UNDERSTAND AND AGREE on behalf of myself, my heirs and my estate that in the event of an injury or death during this activity, neither I nor my heirs or estate will have any legal right to sue or to hold SSI liable for the actions, inactions or negligence of the Dive Centre, Diving School, Resort and their affiliated Dive Professionals and other affiliated personnel associated with the activity. 

 

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