TERMS AND CONDITIONS IN DIVERS GO DIVING
Divers Go Diving main objective is contacting divers with diving schools worldwide through specific pages of each school in the search engine, and adding the ability to fill in a form to ask any further questions.
At the website www.diversgodiving.com sometimes users can make reservations of courses or activities in scuba diving schools in Spain or abroad, pursuant to the prices specified on the website.
In exchange for payment of the reservation, Divers Go Diving (here in after DGD) only provides a service of reservation of courses or activities in scuba diving schools listed in the DGD platform by notifying the diving school of the reservation. It is the user’s responsibility to inform him or herself of the calendar, availability and prices of the courses reserved by visiting the websites or using the contact data of the diving schools in the portal.
The information on diving schools contained in the DGD portal is based on the information provided by the schools themselves and by users of the portal.
DISCLAIMER OF LIABILITY
DGD shall not be liable for any direct, indirect, consequential or extraordinary damages, or for lost profits. In short, it shall not be liable for any damages caused to the user by the reserved course. DGD does not collect funds or manage the course and the sole party liable for the same is the school or center providing such course or activity. The User expressly accepts this disclaimer of liability, as DGD only facilitates the reservation of the course and charges a small fee for this arrangement work, which will also be discounted by the school from the final price of the course if the User meets the requirements relating to presentation of documentation set out above.
- ACCEPTANCE OF THE TERMS AND CONDITIONS OF USE
Consequently, each user must carefully read and accept this LEGAL NOTICE and the GENERAL TERMS AND CONDITIONS prior to carrying out any action and/or transaction on this portal.
The user undertakes to not use the website, or the services and content therein, in a manner that is contrary to the provisions of the law.
DGD reserves the right to limit or block access to the website www.diversgodiving.com, with no prior notice for any user that breaches the terms and conditions herein.
DGD also reserves the right to modify the “General Terms and Conditions” and the “Legal Notice” of this portal at any time, or any other conditions, rules or notices applicable from time to time. DGD reserves the right to modify, at any time, the presentation, configuration or location of the website, or the content and terms and conditions required to use the same.
DGD provides clear and free information on the products and services it offers to its customers, the characteristics thereof and information on the entity itself.
The website www.diversgodiving.com may contain links to other websites not owned or managed by DGD. Such links come from other sources of information, and do not imply inclusion, prescription, recommendation, invitation or suggestion to visit such destination websites. Accordingly, DGD disclaims any liability or obligation that should arise from access to such sites.
Inclusion of such external links shall not imply any association, merger or investment in the linked entities.
- INTELLECTUAL AND INDUSTRIAL PROPERTY
The User accepts and acknowledges that all intellectual and industrial property rights to any items inserted in the website are owned by DGD or its licensees, except as noted in the previous section in relation to hyperlinks to third-party sites.
DGD is the owner of the items making up the graphic design of its website, its navigation buttons, HTML code, the texts, images, textures and other content of the website, or at least possesses the necessary authorization for the use of such items.
Therefore, the User is only authorized to view all the material and content of the site as it is presented and to download to only one computer a copy of the material for their personal and private use, never for commercial purposes, provided the User is compliant with all industrial and intellectual property regulations.
It is prohibited to remove, avoid or manipulate the copyright and other data identifying the rights of www.diversgodiving.com or the technical protection mechanism, or any information mechanism that should contain the content.
DGD authorizes the use of links between other websites and its own website, provided the following conditions are observed:
1- The link cannot be given on a website whose content violates the law, morality or public order.
2- The website does not offer an image of DGD or of its products that is distorted, damaging or mistaken.
3- The impression cannot be created that a non-existent commercial relationship or link obtains between DGD and the owners, directors or advertisers from which the link is created, if such a relationship or link does not exist.
4- The impression cannot be created that the content or website of DGD are owned by or have been designed by the owners, managers or advertisers of the website where the link is given.
- USE OF THE SERVICE AND LIABILITY
The conditions of access and use of this website are strictly governed by the law and by the principle of good faith. The user undertakes to make proper use of the website and of the services offered herein.
Any acts that violate that law, or the rights or interests of third parties are prohibited and, in particular, the following are prohibited:
– Actions that can produce in the website or via the same, and by any other medium, any damage to the systems of DGD or of third parties
– Carry out advertising or send commercial information either directly or in a concealed manner, via spam, or the sending of large messages with the aim of blocking the network servers.
– DGD shall bear no liability or obligation arising from the improper, inappropriate or unlawful use of information found on the DGD web pages by Users.
- LEGAL TERMS AND CONDITIONS OF GENERAL INFORMATION
In conformity with Article 10 of Spanish Law 34/2002 on Services of the Information Society and of Electronic Commerce, DGD provides electronic access in a manner that is permanent, easy, direct and free of charge, to information relating to its company objects, tax and registration data, domicile and address for communication.
- DATA PROTECTION POLICY
DGD complies with current law set out in the Spanish Personal Data Protection Act, Law 15/1999 (LOPD) and other implementing legislation.
As a preliminary matter, by accessing certain information and content, the User may have to first register as such, and accept in the manner as set out in the same, in accordance with the LOPD, processing of personal data, in order to be added to our file. For this purpose, in accordance with current personal data protection law, the user may give notice in writing to DGD to exercise their rights of access, rectification, erasure or objection to the purpose of the treatment and communication of data to a third party, as the case may be.
DGD undertakes to cancel the personal data when they are no longer necessary or relevant for the purpose for which they were collected through the form provided, and to respond to the User’s requests for information, where DGD shall be the data processor.
A stateless protocol is used, which means that no media is available to link the information related to a request with a previous or subsequent request. This protocol does not know what person is sending a page or how many pages the person may have sent, even if the user has connected only a few seconds before, as the page request is processed independently.
Nevertheless, if you do not wish to install a cookie on your hard drive, please configure your computer to not receive them. However, we would advise you that the quality of operation of the website may diminish.
- DISCLAIMER OF LIABILITY
DGD disclaims any liability in the event access or visits to its website were disabled or hindered due to a disruption or defective provision of electrical, telephone service or telecommunications providers unrelated to DGD, or in the event of social conflicts or other conditions of force majeure, or any action by a third party, including administrative or court decrees or orders, sabotages or saturations, whether intentional or otherwise.
Any and all liability is disclaimed arising from any losses and damages to the visitor in their information technology or telematic media as a result of the occurrence of any of the foregoing circumstances.
DGD undertakes to apply all necessary measures to attempt to guarantee to the User the absence of any viruses, worms, Trojan horses and similar elements on the website. However, such measures are not foolproof, and no total warranty can be provided as to the absence of such harmful elements. Consequently, DGD shall not be liable for any damage they should cause to the User.
DGD provides no warranties regarding the availability and continuity of the website and shall not be liable for any losses and damages arising at present or in the future, or for any technical defects, irrespective of the nature thereof, resulting from the use of the information and material contained in the website www.diversgodiving.com.
Pursuant to the limits set out in the law, DGD disclaims any liability arising from the lack of timeliness and accuracy of the data or information contained on its website.
- PAYMENT POLICY:
There are only two forms of payment on the DGD website:
1- Via PayPal: the DGD organization makes available to users this method of payment. In order to use it, users must have an account on the PayPal platform or pay directly via credit or debit card, and accept the terms and conditions of use of the same, where the DGD organization shall be exempt from the rights and obligations PayPal requires from such users.
2- Via bank account: the DGD organization offers users a payment gateway through which, in a direct manner within www.diversgodiving.com they make the funds transfers they wish. The virtual POS installed for this method is managed by Banco de Sabadell, S.A. Pl. Sant Roc, 20, 08201 Sabadell, entered in the Companies Register of Barcelona, volume 20093, folio 1, sheet B-1561., tax identification number (NIF) A08000143. The DGD organization shall be exempt from liability arising from any failure that should occur in the service provided by Banco Sabadell SL.
The DGD organization reserves the right to remove either of these forms of payment with no prior notice to any of the concerned parties. In the event a form of payment other than these two becomes available and it has not been notified to and requested by DGD, the organization disclaims any liability for losses and damages this should cause to users, as it may be the cause of the intrusion of spam or other sources not recognized by the DGD organization.
- REFUND POLICY:
Users that have paid for a reservation of a scuba diving course or recreational dive in any of the diving schools listed in the DGD portal via one of the two methods set out above may not request a refund of the amount paid to DGD, as these are considered the minimum management fees incurred for the organization. With respect to changes in the dates of a diving course, customers can contact the diving center to request such a change up to 72 hours prior the reserved date.
NOTE: The Price of a reservation may vary pursuant to variables deemed necessary by the organization.
- APPLICABLE LAW
The applicable law shall be the law of Spain and any controversy between DGD and the User shall be heard by the courts and tribunals of the city of Madrid.
The original version of this legal notice and of the general terms and conditions has been drafted in the Spanish language. The translation into English of these texts is provided solely a courtesy and is not official in nature. In event of a discrepancy between the two texts, the version in Spanish shall prevail.