GTC
General Terms and Conditions
Scope of application
The General Terms and Conditions (hereinafter referred to as "GTC") apply to all legal transactions of Work Dive Balance. If services are used by third parties (ShipShop, Charly-Diving etc.), their terms and conditions also apply. All deliveries and services of Work Dive Balance in fulfillment of orders that the customer has not placed in connection with his commercial or independent professional activity are based on these terms and conditions. Deviating and/or supplementary agreements require the express written consent of Work Dive Balance. This also applies to any waiver of the written form requirement.
Work Dive Balance reserves the right to amend these GTC at any time. The version of these GTC applicable at the time of the order shall apply, which cannot be unilaterally amended for this order. Any terms and conditions of the customer that conflict with or deviate from these GTC shall not be recognized.
Right of withdrawal
As a consumer, you are no longer bound by your order if you cancel within a period of 7 days after receipt of the goods (exceptions are listed under "Excluded from returns"). The revocation does not have to contain a reason and can be made in writing (an e-mail, e.g. to Michi@Work-Dive-Balance.ch is sufficient). Timely dispatch to is sufficient to meet the deadline:
Michael Kaufmann
In der Eich 3
CH-4242 Laufen
Excluded from return
- Services already purchased
- eLearnings that have already been redeemed
Order confirmation
Customers will be notified of receipt of an online order by means of an order confirmation sent to the e-mail address they have provided. Receipt of the order confirmation does not constitute a promise that the product will actually be delivered or ordered. the service can be provided. The confirmation merely indicates to the customer that the order/rental/registration/booking submitted has been received by the online store and that the contract with Work Dive Balance has therefore been concluded subject to the condition that delivery is possible and the correct price has been quoted.
Rental conditions
The rental conditions apply from the store from which the rental items are rented. You are welcome to purchase your equipment through the ShipShop with its rental conditions.
Warranty
The warranty shall be provided in accordance with the statutory provisions, whereby in the event of a defect in the goods we shall, at your discretion, first make subsequent delivery or rectify the defect. If the rectification fails or if the subsequently delivered goods are also defective, you can return the goods for a refund of the full purchase price or keep the goods and reduce the purchase price. Please refer to the product documentation for information on any manufacturer warranties.
Liability and exclusion of liability
Liability shall be governed by the applicable statutory provisions. However, in no event shall Work Dive Balance be liable for slight negligence, indirect or consequential damages, damages for delay in delivery or any acts or omissions of Work Dive Balance employees, whether contractual or non-contractual.
Furthermore, Work Dive Balance declines liability in the following cases:
- improper, non-contractual or unlawful use of the products and services
- failure by the customer or a third party to fulfill their duty of care
- force majeure, in particular damage caused by the elements, moisture, falling and impact, etc., for which Work Dive Balance is not responsible
- use of services in breach of contract or unlawful use of services
- Non-compliance with instructions and guidelines from the diving school employee
Place of jurisdiction
In the case of contracts with merchants, legal entities under public law or special funds under public law, the exclusive place of jurisdiction for all legal disputes arising from the business relationship, including actions on bills of exchange and checks, shall be the registered office of the seller.
Prices
Our prices are final prices incl. are subject to statutory value added tax and are quoted in Swiss francs. Exchange rates or other fees due to payment in foreign currencies shall be borne by the customer.
Work Dive Balance reserves the right to change the prices of the products and services offered at any time. The price at the time of the order is decisive for the conclusion of the purchase contract. If the price is declared incorrectly by mistake or manipulation, Work Dive Balance may withdraw from the contract at no cost to the Customer or Work Dive Balance.
Images of products in the online store, advertising, brochures etc. are for illustrative purposes only and are non-binding.
Payment
You can choose: Payment by credit card and prepayment on account, as well as via our payment partner PayPal. In special cases, we reserve the right to send the goods by cash on delivery only. If you pay by credit card, your card account will be debited on the day of ordering; if you pay by invoice, the invoice amount is due after 30 days at the latest. The goods will be dispatched after receipt of the invoice amount.
The following applies to vouchers:
- These remain valid even after expiry
- they cannot be refunded or converted into cash
- Vouchers are only accepted to the extent for which they are intended
- Vouchers or voucher codes that have been misappropriated will be reported to the police
Availability and delivery time
Normally, after receipt of the money, the digital products (e.g. eLearning from PADI®) will be delivered/assigned to the specified e-mail address within 24 hours. Further information in the FAQs. All information on availability and delivery times is therefore without guarantee and may change at any time.
If Work Dive Balance or its suppliers or the contracted forwarding agent are in default of delivery, the customer has the right to withdraw from the contract from the 30th calendar day after the originally announced delivery date (except in the case of special orders). In this case, Work Dive Balance will refund the customer any amounts already paid in advance. Any further claims against Work Dive Balance or the supplier, or against the supplier itself, are excluded. the freight forwarder do not exist.
If the customer sticks to the order, Work Dive Balance will endeavor to deliver the goods as quickly as possible. If necessary, Work Dive Balance offers customers a free alternative solution to bridge the gap. However, there is no entitlement in this respect. Subsequent deliveries of partial shipments are postage free.
Retention of title
The goods remain the property of Work Dive Balance until full payment has been received.
Shipping costs
Work Dive Balance does not ship items. Items that cannot be made available virtually can be collected from the ShipShop in Muttenz during business hours.
Cancellation, termination and amendment rights by the customer
By placing an order and accepting the GTCs, the customer undertakes to accept the products. Cancellations or changes to customer orders at a later date are generally possible, but may be refused by Work Dive Balance at its own discretion.
If an exception is mentioned in a course, this exception applies.
In the event of cancellation, a handling fee of 10% of the canceled order value, but at least CHF 50.00 for work already performed, will be deducted from the payment made.
Cancellation 14 days or less before the start of the course will not be refunded.
In the event of cancellation, unless otherwise stipulated in the course, no money can be refunded.
In the event of a change in the course (regular and private course) by an individual customer, the course can be made up with the next regular course at no cost or, if time permits, the catch-up option (additional cost) can be used to make up for what has been missed in order to reach the same level as the current course participants.
Changes by the group in the private course and by the individual in the VIP course must be communicated in good time (at least 48 hours before the start of the course day) and an alternative will be sought together. This does not entail any costs.
If the customer requests a postponement of the course less than 8 days before the start of the course, this will not incur any costs as long as the minimum number of participants is not exceeded. If the course does not reach the minimum number of participants, Work Dive Balance reserves the right not to refund the course fee (if several participants cancel within a short period of time, the costs will be shared).
Diving takes place in nature and can only be influenced to a limited extent by us. A lake or even a natural pool can have poor visibility. Depending on the time of year, a lake can be cold and dark underwater. These are not defects, nor can any money be reclaimed from Work Dive Balance as a result of these circumstances.
Any cancelations, terminations or changes must be sent by email to Michi@Work-Dive-Balance.ch or, if time permits, by post.
Cancellation, termination and amendment rights through Work Dive Balance
If too few participants register for a course, Work Dive Balance reserves the right to cancel the course at short notice (5 days before). Registered customers are entitled to a follow-up appointment within 12 months.
If a course is still not able to take place due to a lack of participants, the option of checking an alternative with a friendly diving school (in Switzerland) of Work Dive Balance can be examined together.
If no solution can be found, part of the course costs can be refunded (e.g. equipment rental, day in the lake or day in the pool, etc.). If the eLearning was not used, the refund can also be checked here. Work Dive Balance is responsible for the reimbursement of the course costs and their amount.
If a course is canceled by Work Dive Balance (due to safety, risk, weather, war, acts of God, pandemics, epidemics, riots, strikes or other circumstances that cannot be influenced by Work Dive Balance), an alternative date will be sought.
If a course is canceled by Work Dive Balance (interpersonal problems that cannot be resolved), part of the course costs can be refunded (e.g. equipment rental, day in the lake or day in the pool, etc.). If the eLearning was not used, the refund can also be checked here. Work Dive Balance is responsible for the reimbursement of the course costs and their amount.
If a course is postponed/changed by Work Dive Balance, we will look for new dates together.
If no solution can be found, part of the course costs can be refunded (e.g. equipment rental, day in the lake or day in the pool, etc.). If the eLearning was not used, the refund can also be checked here. The reimbursement of the course costs and their amount is the responsibility of Work Dive Balance
Illness
Any absence due to illness must be reported immediately. In case of illness by the participant there are 2 possibilities:
1. waiting for the next course and completing it with the next group (at no cost).
2. if there is enough time between the recovery and the next group course of the current group, the missed course can be made up in an individual appointment (additional costs).
IMPORTANT: If you have been ill, you need a diving doctor's certificate stating that you are fit to dive again.
If you are no longer able to dive after the illness, part of the course costs can be refunded (e.g. equipment rental, day in the lake or day in the pool, etc.). If the eLearning was not used, the refund can also be checked here. The reimbursement of the course costs and their amount is the responsibility of Work Dive Balance
If a person from Work Dive Balance is not available for the course, it will be checked whether the standards of PADI®, safety are guaranteed and the risk is not increased. If safety is guaranteed, the risk is not increased and the PADI® standards can be met, the course will be conducted.
If the ratio (ratio of student to instructor) is exceeded or safety cannot be guaranteed, the following can be decided:
- We split the group on one day (longer waiting times between dives)
- We divide the group into 2 days
If the course day cannot be held, alternative dates will be sought with all or at least the minimum number of course participants for the respective course.
If no solution can be found, part of the course costs can be refunded (e.g. equipment rental, day in the lake or day in the pool, etc.). If the eLearning was not used, the refund can also be checked here. Work Dive Balance is responsible for the reimbursement of the course costs and their amount.
Course completion / pass course
Completing the course is not the same as passing the course. The course is completed when all services have been provided by Work Dive Balance (scope of services/course schedule can be seen in the respective course or can be requested in advance). This usually happens when the course is passed. Various things are required to pass the course.
- Medically submersible
- eLearning completed
- Exams passed in eLearning
- successfully completed all parts in the water
- Further requirements by PADI standards (can be requested in advance)
Work Dive Balance reserves the right to fail the course if any part of the course has not been completed or could not be completed (for any reason). There is no entitlement to a refund or reimbursement of the full or partial course price. Additional lessons or support courses can compensate for the deficits or the respective points and thus ensure that the course is passed (except for medical reasons).
Data protection
Your personal data will only be collected in accordance with the statutory provisions of the Data Protection Act.
You can request information free of charge at any time about the personal data stored about you (scope, purposes, other recipients) and have this data deleted, corrected and blocked for advertising or market or opinion research purposes on request. The deletion of your address requires written notification.
Photos and videos
Photos and videos taken by Work Dive Balance during, before and after the courses will be used for the website, presentations and social media. At the beginning of each course, a consent form is distributed, which is voluntary to accept. If the form is forgotten to be handed in and photos are still taken, an objection can be lodged at any time. Consent can be revoked at any time if new circumstances arise or you have changed your mind. The revocation must be made in writing.
The photos and videos are used without personal data. Special care is taken to ensure that the photos show the respective persons in a good light. If you believe that a photo does not comply with this, you can request the deletion / removal of the photo at Michi@Work-Dive-Balance.ch with the exact link (we only have influence on the images in our channels and on our website). No compensation or payment can be made for the use of the images or videos by Work Dive Balance or by 3 (Unauthorized) published images and videos.
Power of representation
You understand and agree that PADI members ("Members"), including Work Dive Balance and/or PADI Instructors and Divemasters involved with the program in which you are participating, are authorized to use the various PADI trademarks and to conduct PADI training, but that these Members are not agents, employees or franchisees of PADI Americas, Inc., its subsidiaries or affiliates ("PADI").
You further understand that the business activities of said PADI Members are independent business activities and are neither owned nor operated by PADI, and that while PADI sets the standards for PADI diver education programs, PADI is not responsible for the business activities of Members; and I also understand that PADI does not have the right to control the business activities of Members, the day-to-day operation of PADI programs and the supervision of divers by Members or their employees.
You further understand and agree for yourself, your heirs and other assigns that in the event of injury or death during this activity, PADI will not be held liable by you or your assigns for the acts, omissions or negligence of Work Dive Balance and/or the PADI Instructors and Divemasters involved with the activity.
SHE HAD FULLY INFORMED HERSELF AND HER HEIRS OF THE CONTENT OF THIS DECLARATION AND AGREEMENT ON POWERS OF REPRESENTATION BY READING IT BEFORE SIGNING IT FOR HERSELF AND ALSO BINDINGLY FOR HER HEIRS.
Miscellaneous
Any further claims for compensation are always excluded.
All our information is provided with the greatest possible care. Nevertheless, we reserve the right to make mistakes and typing errors. The specifications of dimensions, shapes, colors, etc. are only approximate and are not binding, as the manufacturers reserve the right to make technical and safety-related changes and improvements.