Diving.Software Legal
Booking Terms and Conditions
The shared contract framework for customer bookings supplied by independent Operators.
1. Parties and contract
These Booking Terms apply when a customer books a diving, training, snorkelling, freediving, liveaboard, rental, transport or related service through Diving.Voyage, Diving.Software, an operator's embedded checkout or staff/POS flow.
The dive business named as “Operator” in the Booking Contract Schedule is the seller, service provider and, for a direct Stripe Connect card charge, merchant of record. The customer contracts with that Operator for the booked service. The Platform Provider identified in the Platform Identity Schedule supplies booking technology and payment facilitation and is not the provider of the diving service unless the schedule expressly says otherwise.
The contract consists of the Booking Contract Schedule, these Terms, the incorporated Cancellation Policy and the operator documents identified in the schedule. The customer must be able to review these before placing the order.
2. Booking authority
The person placing the booking confirms that they are at least 18 and authorised to provide booking information and accept price/cancellation terms for all participants, but they may not sign another adult's medical declaration, liability waiver or personal consent unless legally authorised. Each adult participant must complete personal safety and medical documents where required. A parent or legal guardian must act for a minor.
3. Booking formation
An order is an offer to purchase the scheduled service. The booking becomes confirmed when the Platform displays or sends confirmation and, where required, payment or deposit is authorised. An acknowledgement that does not confirm availability is not acceptance. The Operator may reject an order before confirmation and must release or refund any temporary authorisation.
The confirmation must identify the Operator, booking UUID, services, participants, date/location, total price, payment status and applicable policy versions. The customer must promptly report errors.
4. Prices, taxes and rates
The payable price is the total displayed in the Booking Contract Schedule before the customer places the order. It must include all unavoidable taxes and charges known at that time. Optional add-ons require affirmative selection. Government, park, marine, harbour or similar pass-through fees must be itemised and described as included or payable locally.
Rates may depend on participant type, certification, date, occupancy, equipment, package or other clearly described criteria. A rate is frozen when the booking is confirmed. Later price changes do not affect the confirmed booking, except where the customer requests a change, supplied information was materially incorrect, or mandatory tax/law requires an adjustment. Any permitted adjustment must be disclosed and accepted before charge.
If a price or availability error is obvious, the Operator may cancel before performance, notify the customer promptly and provide a full refund. The Operator may not replace an advertised total with undisclosed mandatory fees.
5. Payment
The schedule states what is payable now and later. Card details are collected by Stripe, not stored by the Platform in full. The statement descriptor and receipt should identify the Operator or booking clearly. Deposits are applied to the total. The Operator may cancel for missed payment only after any required notice and subject to the Cancellation Policy and mandatory law.
Payment authentication or authorisation does not prove participant eligibility. Refunds, chargebacks and currency conversion are governed by the Payment Terms.
6. Customer information
The customer must provide accurate contact, participant, age, certification, experience, sizing and other information reasonably required for the service. Medical information should be collected only through the designated restricted flow and only when necessary. The customer must notify the Operator of relevant changes before the activity.
Emergency-contact information may be used for safety and emergencies. The customer confirms they have informed the contact that their data has been provided. The contact is not added to marketing lists.
7. Eligibility, documents and medical fitness
Participation may depend on age, certification, recent experience, swimming ability, health screening, physician clearance, guardian consent, insurance or other prerequisites stated before purchase. The Operator decides operational eligibility and may require evidence. Neither the Platform nor an automated status determines medical fitness.
Failure to satisfy a clearly disclosed prerequisite may be treated under the customer-responsibility cancellation rule. This does not remove rights where information was not disclosed, the Operator accepted an ineligible booking, or mandatory law provides otherwise.
8. Customer duties and safety
Participants must follow lawful safety briefings and staff instructions, use equipment responsibly, disclose relevant changes, avoid participation while impaired, and behave without endangering others. The Operator may refuse or stop participation for reasonable safety, legal or misconduct grounds. Refund entitlement depends on the reason and disclosed policy, subject to mandatory law.
Diving involves inherent risks. A separate, jurisdiction-appropriate assumption-of-risk/waiver document may apply. No waiver excludes liability that cannot legally be excluded or replaces the Operator's duty of care.
9. Operator changes and cancellation
Safety, weather, sea conditions, regulatory directions, vessel or staff availability may require reasonable changes. The Operator may adjust route, dive site, sequence, vessel or timing where the essential character and safety of the service are preserved. Material changes must be communicated and, where law requires, offer an appropriate choice of acceptance, rescheduling, substitute service or refund.
If the Operator cancels and does not provide an accepted equivalent, the customer receives a full refund of amounts paid for the cancelled service. The Platform's application fee must not reduce the customer refund. Reasonable documented third-party components may be treated differently only if disclosed, lawful and not recoverable.
10. Customer cancellation, rescheduling and no-show
The versioned Cancellation Policy in the schedule determines voluntary cancellation and rescheduling. The request is effective when received through the stated channel. The Platform must show the calculated outcome before the customer confirms an online cancellation where practicable.
A customer who arrives after the stated check-in cutoff or does not attend may be treated as a no-show if the cutoff and consequences were disclosed. Mandatory consumer, travel-package, force-majeure and local rights prevail.
11. Consumer cancellation rights
Some jurisdictions provide cooling-off rights for distance contracts and exceptions for leisure services scheduled for a specific date or period. The Operator must identify and apply the rule governing the booking. These Terms do not state that every booking is exempt and do not waive any mandatory right. Where an immediate service or digital supply requires express consent and acknowledgement, the checkout must collect it separately.
12. Complaints and incidents
Safety issues should be reported immediately to the Operator. Other complaints should be sent promptly using the booking contact, with the booking UUID and relevant facts. The Operator is primarily responsible for service complaints. Platform or payment-system issues may also be reported to the Platform support contact. This does not limit statutory complaint or dispute rights.
13. Personal data
Personal data is handled under the Privacy Notice. The Operator normally acts as an independent controller for service delivery, safety, documents, legal compliance and customer operations. The Platform Provider processes data for platform delivery and also acts as an independent controller for account security, payment facilitation, fraud prevention, legal compliance and platform records as described in that notice.
14. Liability
The Operator is responsible for the booked service and its personnel, equipment and safety decisions. The Platform Provider is responsible for its own platform services but not for the Operator's performance. Nothing excludes liability or consumer rights that cannot be excluded. Any operator waiver applies only to the extent valid under the governing law and facts.
15. Governing law
The service contract is governed by the law identified in the Booking Contract Schedule, subject to mandatory consumer protections in the customer's country of habitual residence and any mandatory rules at the service location. A consumer may use any court or dispute mechanism that applicable law requires to remain available.