GTC

GENERAL TERMS AND CONDITIONS

Diving School i Dive e.U.

Ing. Franz Weixlbraun

January 2025

Diving School i Dive e.U.

Ing. Franz Weixlbraun

Flugfeldstrasse 9

A-1220 Vienna

AUSTRIA

Phone: +43 (0)664/346-0-556

Email: info@i-dive.at

www.i-dive.at

1. General Principles / Scope

1.1 For all legal transactions between the client and the contractor at dive e.U., these General Terms and Conditions are applicable. The version that is in effect at the time the contract is concluded will be considered the definitive one.

1.2 These General Terms and Conditions also apply to all future contractual relationships, even if they are not expressly referred to in supplementary agreements.

1.3  Any terms and conditions that are in conflict with those stated herein are null and void, and only those terms expressly acknowledged in writing by the contractor, i.Dive e.U. or Franz Weixlbraun, will be considered valid and binding.

1.4 In the event that any provision of these General Terms and Conditions is or becomes invalid, it will not impact the validity of the remaining provisions or the contracts established on their basis. In the event that a provision is deemed invalid, it shall be replaced with a valid provision that closely aligns in meaning and economic purpose.

1.5 All agreements must be in writing; oral agreements are invalid.

2. Applicable Law

2.1 These General Terms and Conditions, as well as the entire legal relationship between i Dive e.U. and the participant of a diving course, the purchaser or consumer, as well as manufacturers, suppliers, and all other business partners, are governed exclusively by Austrian law. The place of jurisdiction for all legal disputes is exclusively Vienna. The contractual relationship between us and our customers, manufacturers, suppliers, and all other business partners, as well as their respective terms and conditions, shall be subject to the law of the Republic of Austria. Regardless of the customer's status as a consumer, the applicable statutory provisions and rights granted to the consumer under the law of the customer's country of residence are not affected by this agreement. The application of the UN Convention on Contracts for the International Sale of Goods and any other similar regulations is excluded.

2.2 In the event that any provision of this contract is or becomes wholly or partially invalid, the validity of the remaining provisions shall not be affected.

3. Address

I Dive e.U.

Ing. Franz Weixlbraun

Flugfeldstrasse 9

1220 Vienna

Phone: +43 (0) 664/346-0-556

Email: info@i-dive.at

www.i-dive.at

VAT No.: ATU70164323

Company Register No.: Fn428272m (Vienna)

4. Product Orders for Customers / Consumers

4.1 For any type of product order placed specifically for the customer or consumer with the manufacturer or supplier, these are considered custom-made items for the customer or consumer (e.g., tailored suits), special requests, or products outside of our standard range. Therefore, products of this nature are not eligible for exchange or return.

4.2 Products marked as SALE or clearance refer exclusively to new goods, previous year's models, or older models, as well as items we have removed from our regular product range. Please note that these goods are heavily discounted and cannot be exchanged or returned. By placing an order or making a purchase, you waive any right to return or exchange the item. As always, we are committed to providing the statutory warranties for new goods on these products.

4.3 Product quality notice: All product details are provided with the greatest possible care. Errors and misprints excepted. Specifications regarding dimensions, shapes, colors, etc., are approximate and non-binding, as manufacturers continuously make technical and safety-related changes and improvements, and reserve the right to do so.

5. General Terms and Conditions for COURSES and EVENTS

The following terms and conditions apply to all courses, programs, events, and other activities between i Dive e.U. (hereinafter referred to as the "company") and the participants.

5.1 General:

The minimum age for course and event participation is 8 years old, and 10 years old for open-water dives.

All participants must possess adequate swimming skills.

All courses are conducted in accordance with the established rules, general standards, and procedures of PADI

(Professional Association of Diving Instructors).

For minors, written consent from a parent or legal guardian is required for course participation. For all diving activities involving minors, a parent or legal guardian must be present at the dive site. For theory lessons, the parent or legal guardian agrees to hand over the minor to the Company no later than 15 minutes before the start of the course and to pick them up no later than 15 minutes after the end of the lesson. Diving instructors are not authorized to allow minors to travel home alone or to go shopping (e.g., supermarket, McDonald's, etc.) unless a written declaration from the parent or guardian is provided. During the course and dives, participants are expected to adhere strictly to the instructions provided by the diving instructors and course leaders.

The company or the diving instructor reserves the right to exclude participants from the course. In such cases, no refunds will be issued. A certain level of independence is expected, including from minors. In the event that a participant does not meet these requirements, the presence of a parent or guardian is mandatory.

Participants in training dives must submit a medical certificate confirming that there are no medical objections to their participation in scuba diving no later than one week before the start of the course. Furthermore, participants must declare that they will take out a diving insurance policy prior to the commencement of the course.

The participant agrees that the data provided on the registration form may be electronically stored, processed, and passed on to the relevant associations. By participating, you explicitly agree to the EU data protection declaration.

The participant also agrees that photos taken during training and other events or activities may be used for promotional purposes.

5.2 Behavior in the Swimming Facility, Pool Area, or at the Dive Site:

The house rules of the respective swimming facility or dive site must be observed.

Any violation of these guidelines will result in exclusion from the course. In such cases, there is no entitlement to a refund of the course fee or any proportional amounts.

The company and its diving instructors disclaim any liability for injuries or accidents occurring before or after the courses. The instructors'/course leaders' duty of supervision extends exclusively to the course time or the duration of the open-water dives. The liability of the company, its employees, course leaders, and diving instructors is limited solely to cases of gross negligence or intent.

Information regarding the course content and inclusions will be furnished at the time of registration. The course fee covers the services listed above, including statutory VAT. The company and the diving instructors assume no liability for theft, damage, or loss of diving equipment or other personal property. Participants are responsible for any items and diving equipment provided during the course. By registering and submitting the health declaration, participants or their legal guardians confirm that there are no medical objections to their participation in the course.

5.3 Behavior During Dives and Training:

During dives and throughout the course, participants are expected to adhere strictly to the instructions provided by the diving instructors and their assistants. Failure to do so will result in exclusion from the course. In such cases, no reimbursement will be issued for the course fee.

In the event that a participant withdraws from the course, cancellation fees will apply (see payment and cancellation conditions).

Should a dive be terminated early or not carried out for reasons not attributable to the diving school or the instructor, no refund will be issued. If a participant chooses to withdraw from the course, they will not be eligible for a reimbursement of the course fee. Participants who fail to attend or arrive late for the course will forfeit their right to the corresponding service.

It is strictly prohibited to dive alone. Participants are required to remain with their dive buddy at all times, whether during dives or while recovering. They must descend and ascend together, and may only separate from their buddy at the designated starting point, such as the beach or the boat. Participants are required to adhere strictly to all diving rules and safety standards.

The participant agrees to complete and submit all forms and payments in a timely manner.

Participation in training dives is at the participant's own risk. The diving school and its instructors accept no liability for accidents or illnesses in cases where only slight negligence on the part of the diving school or instructor is proven. Liability is limited solely to cases of gross negligence or intent.

The diving school and instructors accept no liability for theft, damage, or loss of diving equipment or other personal property. Participants are responsible for all equipment and materials provided during the course. In the event of loss, theft, or damage, the participant is responsible for the cost of replacement or repair. This policy also applies to joint excursions, trips, and all other activities. The liability principles that apply to the diving school itself also apply to its assistants. However, the liability of the assistants is limited to cases of gross negligence or intent.

Ensuring the proper functionality of all equipment is paramount for maintaining diving safety. The rental provider inspects the diving equipment regularly and meticulously to ensure it is in proper condition. However, this does not exempt participants from the responsibility of personally ensuring the equipment's functionality before each dive.

Hunting or spearfishing while diving is strictly forbidden. Violators will be prohibited from further dives.

Keeping the diving waters and shoreline clean is a top priority.

The premises of the diving school are not a public swimming facility.

During school operations, consumption of alcohol is prohibited for 12 hours prior to diving. Any use of medication must be reported to the diving instructor. It is advisable to refrain from consuming nicotine, particularly in the period leading up to a dive.

By registering for a course, the participant acknowledges the participation, payment, and cancellation conditions, as well as the training regulations and training standards.

A swimming proficiency test must be completed at the beginning of the first pool session.

Please note that there is no entitlement to free replacement for missed lessons.

Participants who do not achieve exam readiness within the allotted timeframe may reserve a perfection lesson (see price list) to reach the required level.

Courses must be completed within four months from the first day of class; otherwise, the entire course must be repeated.

5.4 Conclusion of Contract:

Course registrations can be made by telephone, in writing, or via the website. Please note that registrations made via the website are binding. The company provides its services exclusively on the basis of these General Terms and Conditions. Participants are permitted to make bookings on behalf of another person. The individual who makes the booking is financially responsible for the course fees. Registrations are processed in the order in which they are received. After registering, if participation is possible, you will receive a confirmation of registration. The contract is concluded upon receipt of this confirmation. If a participant has not received a confirmation within 2–7 business days after registering, they must contact the company.

5.5 Payment Terms:

The full course fee is due before the start of the course and must be received in full no later than the first course session. The participant is required to submit a deposit of 50% of the course price immediately following registration and no later than within seven days. Payment method details will be provided during the registration process. In the event that the deposit or course fee is not paid in a timely manner — even if only partially — the company reserves the right to withdraw from the contract and reassign the course place. The agreed-upon interest rate is 8% per annum. The participant also undertakes to pay collection and recovery costs of up to EUR 300.00, insofar as these costs are necessary for the appropriate pursuit or recovery of the claim.

If a course is canceled, the course fee will be refunded by the company within 14 days, subject to the applicable cancellation fees.

5.6 Withdrawal / Cancellation:

According to the Austrian Consumer Protection Act (KSchG), course participants have a statutory right of withdrawal. This right must be exercised within seven working days from the day the contract is concluded. It is sufficient if the withdrawal declaration is sent within this period. A withdrawal must be submitted in writing (letter or email) and does not automatically result from non-payment of the course fee. A customer may withdraw free of charge no later than 60 business days prior to the commencement of the course or event by submitting a written request via letter or email.

60 to 30 working days before the start of the course or event, the cancellation fee is 25% of the course fee.

30 to 10 working days before the start, the cancellation fee is 50%.

10 to 3 days before the start, the cancellation fee is 80%.

3 to 0 days before the start, the cancellation fee is 100%.

The full course/event fee is due from the first day of the course or event, regardless of attendance. Deposits paid in advance will not be refunded, but they can be applied to a future equivalent course within six months. Rescheduling is only possible after consultation with the company.

5.7 Course Organization and Course Dates:

The company reserves the right to cancel or postpone courses if the minimum number of participants is not reached or if other serious circumstances or disruptions occur. In the event that a course session is canceled due to the illness of the course instructor, closure of the swimming pool, low water temperature, inclement weather, or other unforeseeable circumstances, it will, where possible, be rescheduled after the conclusion of the course on the same weekday and at the same time. The company reserves the right to assign alternative course leaders or diving instructors without prior notice if necessary.

5.8 Non-Appearance or Illness of the Participant:

In the event that a dive, diving course, or event is terminated prior to its scheduled conclusion for reasons not attributable to the company, there shall be no entitlement to a refund of the course fee.

Participants who fail to appear or arrive late for their scheduled service will forfeit their right to that service.

Please note that the company is not obligated to provide a refund for the course or event fee, either in full or in part, in the event of illness or non-appearance of the participant.

Please note that there is no provision for making up missed lessons.

Any damage caused by participants or accompanying persons must be compensated by them.

5.9 Services:

Current offers, courses, and programs can be found on the website www.i-dive.at.

The company reserves the right to subcontract (partial) services to third parties.

5.10 Miscellaneous:

In the event that any provision is deemed void or invalid, the remaining provisions and participation conditions shall remain in full effect. In the event that a provision is deemed void or invalid, the relevant statutory provisions take precedence. Participants agree that their personal data may be collected, stored, and processed by automated means for the purpose of fulfilling the contract and providing support, as well as for the company's marketing purposes (e.g., sending offers, advertising brochures, newsletters in paper and electronic form), and for the purpose of indicating the existing or former business relationship with the course participant. This includes forwarding data to PADI for the purpose of certification. The participant agrees to the forwarding of their data to PADI for certification purposes.The participant also agrees to receive marketing emails until such consent is revoked.

Participants agree to the EU Data Protection Agreement.

This consent can be revoked at any time in writing via email, fax, or letter to the company.

6. General Terms and Conditions for TRAVEL and EVENTS

For all (brokered) trips by i Dive e.U., the General Terms and Conditions of the respective travel agency/operator apply to trips/events that are arranged.

Please note that all offers are subject to change and are non-binding. Please note that changes may be made at any time, including for weather or safety reasons.

In particular, prices for airline tickets are obtained on a daily basis and passed on to the customer.

6.1 The Price Includes:

Please refer to the respective offer, booking, contract conclusion, or deposit requirements. Following the customer's inquiry, the company will confirm and send the booking form to the customer. The booking is considered finalized once the customer has submitted the completed and signed booking form to i Dive e.U. All payments must be made exclusively in cash or transferred directly to the tour operator. The deposit is calculated from the respective price and is due at the same time as the submission of the booking form. Airline tickets must be paid in full immediately. The reservation can be made in writing or orally (including by telephone). The travel contract between the booking party and the tour operator is concluded once there is agreement on the essential contractual components (price, service, and date). This occurs upon submission of the completed and signed booking form. This establishes rights and obligations for the customer.

6.2 Payment Terms:

Please refer to the respective offer and information. It is generally accepted that a valid passport is required for international travel. The travel agency will inform the customer about any additional foreign passport, visa, and public health entry requirements, as well as, upon request, foreign exchange and customs regulations, insofar as these can be obtained in Austria. It is the customer's sole responsibility to comply with these regulations. All individuals participating in the diving trip must be certified divers capable of diving independently and responsibly with a buddy. Please remember to bring your certification, logbook, and medical certificate with you. It is imperative that the instructions of the diving instructor and the boat crew be strictly followed. Dive depths and times must comply with the general standards of PADI. Participation in the diving trip is at the participant's own risk.

6.3 Liability:

The company does not assume any liability for travel luggage. Please note that all information regarding the travel route is non-binding, as the final route will be determined on site based on weather conditions and the diving abilities of the participants. Furthermore, certain reefs and dive sites require special permits, the issuance of which is not within the scope of control of i Dive e.U.

6.4 Information About the Travel Service:

The company is obliged to present the service to be arranged from the tour operator or service provider to the best of its knowledge, taking into account the specific features of the respective arranged contract and the conditions of the destination country or location.

6.4 Legal Basis in the Event of Service Disruptions and Warranty:

In the event that a service is not provided or is provided inadequately, the customer reserves the right to file a warranty claim. Remedial action may be taken by either correcting the defect or by providing an equivalent or higher-value replacement service, which must also receive the customer's explicit consent.

Individual services that are part of a package and remain unused cannot be refunded. Decisions regarding weather- or safety-related changes are made by the course leaders or on-site staff. Due to changes in boat occupancy plans, technical problems, weather-related or other changes (including those made by the ship operator), a different dive boat of the same category may be used. For those who choose to arrive by themselves, it is their responsibility to be at the agreed-upon location on time. In the event of lateness, even if it is due to circumstances beyond their control, there is no entitlement to compensation for missed travel components.

It is recommended that customers consider taking out cancellation insurance to safeguard against any potential losses. In the absence of insurance, please note that flight tickets and non-refundable expenses will not be reimbursed.

6.5 Cancellation Fee:

Please refer to the respective offer for more information.

Paid airline tickets are non-refundable, with the exception of cases involving cancellation insurance. In such instances, refunds may be granted, but only in accordance with the terms and conditions outlined in the insurance policy. Please note that special conditions apply to hotel accommodations, holiday apartments, cruises, bus day trips, special trains, and scheduled flights at special rates. Please refer to the detailed program for a complete list of conditions.

6.6 Declaration of Withdrawal:

A declaration of withdrawal does not require a specific form. i Dive e.U. is released from fulfilling the contract if a minimum number of participants specified in the offer is not reached and the customer has been informed of the cancellation in writing, or if the cancellation is due to force majeure—that is, unusual and unforeseeable events beyond the control of the party invoking force majeure, the consequences of which could not have been avoided even with due care.

Examples of such circumstances include government orders, strikes, war or war-like conditions, epidemics, and natural disasters.

Grossly improper behavior will result in exclusion. In such cases, there is no entitlement to a refund of the fee or any proportional amount. The company does not assume any liability for injuries or accidents. The company, its employees, course leaders, and diving instructors are only liable in cases of gross negligence.

6.7 Price Changes:

The company reserves the right to increase the travel price confirmed at the time of booking for reasons beyond its control.

6.8 General:

Austrian law applies exclusively. The UN Convention on Contracts for the International Sale of Goods does not apply in this case. Please note that the contract is written in German.

The company utilizes the customer's provided data for order fulfillment and processing.

Please note that I Dive e.U. is not responsible for the content of external links.

6.9 Links to External Websites:

Third-party websites are provided as an additional service. These websites are completely independent and outside the control of i Dive e.U.

I Dive e.U. assumes no responsibility for the content of third-party external websites that can be accessed via links from this website or that refer to this website, and accepts no responsibility for the accuracy, completeness, or legality of such websites.

Participants agree that their personal data may be collected, stored, and processed by automated means for the purpose of fulfilling the contract and providing support, as well as for the company's marketing purposes (e.g., sending offers, advertising brochures, newsletters in paper and electronic form), and for the purpose of indicating the existing or former business relationship with the course participant.

The participant agrees to receive marketing emails until such consent is revoked.

This consent can be revoked at any time in writing via email, fax, or letter to the company.