Deep Sensations Freediving - Terms and Conditions

1. Agreement

• These Terms and Conditions, along with our Privacy Policy, govern the use of services provided by Deep Sensations Freediving ("Deep Sensations", "we", "our" or "us") accessible through the website located at deepsensationsfreediving.com ("Site").

• By accessing, browsing, or using the Site, you acknowledge and agree to abide by these Terms and Conditions and our Privacy Policy (together, the "Agreement"). If you do not consent to these terms, you must refrain from accessing or using the Site and our services.

• Upon purchasing any service from us, you are engaging in our "Service" and are bound by the Agreement, including any additional terms, conditions, and policies referenced herein or made available through hyperlinks. This Agreement applies to all participants, including but not limited to users, customers, vendors, and contributors of content.

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2. Interpretation

Definitions of key terms used in this Agreement are outlined below.

3. Site Use

• By accessing or using the Site, you warrant that your activities comply with applicable laws and regulations. Any suspected fraudulent, abusive, or unlawful activity will be reported to relevant authorities.

• Links to third-party websites provided on the Site are for convenience only. Deep Sensations Freediving does not endorse or guarantee any third-party content or services and assumes no liability for their use.

• You agree to use the Site solely for its intended purpose and refrain from any activity that disrupts its functionality or security. Unless expressly permitted, you must not copy, distribute, or modify any content on the Site.

• You are responsible for safeguarding your devices from viruses or other malicious software when accessing the Site.

 

4. General Services Conditions

• Deep Sensations Freediving reserves the right to refuse services to any individual at its discretion.

• Age Requirement: All participants must be at least 18 years of age to book our product. Minors under the age of 18 require written and signed permission from a parent or legal guardian to participate.

• Deep Sensations Freediving may alter its offerings or services due to unforeseen circumstances. In such cases, affected individuals will be notified promptly.

• Deposit amount must be paid at the time of booking to secure your spot.

• The full amount of the trip must be paid at least 12 weeks prior to the trip commencement date.

 

5. Deep Sensations Freediving Services Order Process

• Orders placed through the Site are subject to availability and acceptance by Deep Sensations Freediving. An Order is confirmed upon receipt of payment and confirmation from Deep Sensations Freediving.

• We reserve the right to decline sales at our discretion.

 

6. General Booking Requirements

• To book any Service, participants must provide: (i) Medical History form; (ii) Waiver form; (iii) Compliance with government health regulations.

• Failure to provide required information may result in booking cancellation without refund.

 

7. Booking Policy – Courses

• Course bookings are confirmed upon: (i) Placement of an Order; (ii) Full payment; (iii) Receipt of payment by Deep Sensations Freediving.

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7.1. Certification Guarantee

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If you do not meet all course requirements within the initial 2-day course due to non-medical reasons, you are entitled to 12 months of free training to complete the outstanding requirements.

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Terms and Conditions:

• The Certification Guarantee applies only to courses booked on or after 5 October 2024.

• You must request a claim under the Certification Guarantee within 12 months of your original course date.

• If you attend 5 training sessions and still have not met all the course requirements, you will be eligible for a refund. Upon requesting a refund, your access to the 12 months of free training will cease.

• Once you meet all the course requirements and are signed off by an instructor, the free training will end, and no refund will be issued.

• If your instructor suspects that your inability to meet requirements may be due to medical reasons (e.g., dysfunctional eustachian tubes or chronic sinus inflammation), you will be required to seek medical advice. If a medical issue is confirmed, you will not be eligible for the Certification Guarantee.

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8. Booking Policy – Training

• "Training" refers to Line/Depth Training and Pool Training.

• Training bookings are confirmed upon: (i) Placement of an Order; (ii) Full payment; (iii) Receipt of payment by Deep Sensations Freediving.

 

9. Booking Policy – Retreats

• Booking a Retreat requires: (i) Payment of a non-refundable deposit or greater amount; (ii) Receipt of the deposit or greater amount by Deep Sensations Freediving.

• For bookings made less than six weeks in advance, full payment is required to confirm.

• Participants must obtain comprehensive travel insurance, including coverage for medical expenses and trip cancellation.

  • ​Dive Assure offers specialised coverage designed for freedivers, ensuring you're fully protected on your adventure. Explore your options and get the coverage you need.)

 

10. Student Cancellation – Courses

• Cancellation 10 days or more before the Course: 100% refund.

• Cancellation 7-10 days before the Course: $200 reschedule fee; otherwise, course refunded less $200 cancellation fee.

• Cancellation within 7 days: No refund.

• Exceptions may not be made, and no credit will be offered for missed activities.

 

11. Student Cancellation – Training

• Cancellation 48 hours or more before Training: 100% refund.

• Cancellation less than 48 hours before Training: No refund.

• Exceptions may not be made, and no credit will be offered for missed activities.

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12. Student Cancellation – Retreat

• Cancellations 16 weeks or more before the retreat start date:
  Eligible for a 100% refund (minus the non-refundable deposit) or a one-time transfer to another retreat within one year.

• Cancellations between 12-16 weeks before the retreat start date:
  Eligible for a 50% refund (minus the non-refundable deposit) or a one-time transfer to another retreat within one year.

• Cancellations within 12 weeks of the retreat start date:
  No refund or credit will be issued.

• Missed activities:
  No credit or refund will be provided for any missed activities.

• Ningaloo Reef & Maldives Expeditions:
  Due to the nature of these trips, cancellations made within 6 months of the start date are eligible for a 50% refund (minus the non-refundable deposit).

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13. Deep Sensations Freediving Cancellation Policy

​If Deep Sensations Freediving cancels or reschedules a service, excluding force majeure events or unforeseen circumstances such as illness or injury, participants may request either:

• A full refund, or

• A transfer to an alternative date within 12 months.

• Deep Sensations Freediving reserves the right to cancel a course, trip, or training session if the minimum required participant numbers are not met.

• Deep Sensations Freediving is not responsible for any additional expenses incurred due to cancellations.

 

13.1 Force Majeure

Force majeure events exempt Deep Sensations Freediving from liability. These include, but are not limited to:

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• Adverse weather conditions

• Natural disasters

• Closure of locations, routes, or borders

• Civil unrest or government-imposed restrictions

• Acts of God

• Acts of terrorism

• Epidemics or pandemics

• War, strikes, or industrial disputes

• Travel bans or government-imposed restrictions

• Vendor or accommodation issues that necessitate itinerary changes

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• In the event of a cancellation due to force majeure, no refunds will be provided. However, we will make reasonable efforts to offer alternative arrangements or credits for a future tour.

• If the Australian Department of Foreign Affairs and Trade (DFAT) issues a Level 3 or Level 4 Travel Safety Advisory for a destination, we reserve the right to cancel or reschedule the trip. Any refund or credit will be at our sole discretion, based on non-recoverable expenses already incurred.

• If alternative travel dates are provided and you are unable to attend, standard cancellation policies will apply.

 

13.2 Minimum Participant Requirements

Some tours require a minimum number of participants to proceed. If this requirement is not met within 90 days of the tour commencement date, we reserve the right to cancel the tour. In such cases:

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• Participants will receive a full refund within two weeks.

• No additional compensation will be provided.

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13.3 Safety-Related Cancellations

• In the unlikely event that a course or training session must be cut short due to safety concerns (e.g., adverse weather or changing conditions), participants will be offered a free transfer to complete the course on alternative dates.

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14. Credits and deposits

• Credits issued for cancellations or changes to reservations are not transferrable to other parties.

• Additionally, deposits made to secure a spot on a retreat cannot be transferred to another retreat.

 

15. Pricing

• All prices on the Site are in Australian Dollars and include GST unless otherwise stated.

• Prices are subject to change without notice. Once an Order is confirmed, subsequent price changes will not affect the Order.

 

16. Promotions and Gift Vouchers

• Gift vouchers are valid for 12 months from the date of purchase.

• Package offers must be booked within 12 months of purchase.

• Coupon codes may only be used once per customer, unless specified otherwise. 

• Promotional discount codes are subject to terms notified at the time of the offer.

 

17. Payment

• Payment for Orders can be made through methods specified on the Site. Credit card payments may incur a surcharge.

• We reserve the right to investigate and verify electronic transactions. Orders may be rescinded if additional information is not provided.

• Payment processing is handled by Stripe, subject to the Stripe Services Agreement.

 

18. Liability

Deep Sensations Freediving excludes all conditions, guarantees, and warranties to the maximum extent permitted by law.

We are not liable for any personal injury, death, or direct, indirect, or consequential loss arising from the use of our services, including participation in retreats, tours, or training sessions.

Our maximum aggregate liability is AUD $20,000,000.00.

We reserve the right to correct any errors or omissions in the information provided.

 

19. Third-Party Services

We collaborate with carefully selected third-party providers who align with our safety and quality standards. These providers operate under their own terms and conditions and are subject to the laws of their respective jurisdictions.

Deep Sensations Freediving does not control how third-party providers conduct their services and, therefore, is not liable for any:

• Personal injury, death, or property damage

• Loss, accident, delay, or inconvenience

• Modifications, cancellations, or service disruptions

By engaging with third-party providers, you acknowledge that any liability for issues arising from their services rests with the provider.

We strongly recommend securing comprehensive travel insurance to cover medical expenses, cancellations, theft, and other unforeseen circumstances.

 

20. Authority of the Tour Manager or Freediving Instructor

Your safety and well-being are our top priorities. Deep Sensations Freediving retains full discretion in all decisions that may impact your safety or continued participation in any activity, tour, or retreat.

If you fail to follow instructions, engage in disruptive or abusive behavior, or compromise the well-being of the group, we reserve the right to remove you from the tour immediately. In such cases:

• No refunds or reimbursements will be provided.

• We are not responsible for any compensation, costs, or losses resulting from your removal.

Your cooperation and respect ensure a safe and enjoyable experience for everyone.

 

21. Travel Insurance Requirement

For all retreats and experiences, Deep Sensations Freediving is not liable for any:

• Lost or stolen belongings

• Damaged equipment

• Additional costs due to delays or schedule changes

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Comprehensive travel insurance is mandatory for all international and domestic retreats and tours. Your policy must cover:

• Medical expenses

• Trip cancellations

• Theft and loss

 

This ensures you are fully protected throughout your experience.

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22. Passports, Visas & Health Requirements

To confirm your booking, you must provide a clear scanned copy of the photo page of your passport when submitting your booking request or paying the deposit.

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It is your responsibility to ensure your passport is valid for international travel. Your passport must have at least six months of validity beyond your scheduled return date.

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You are solely responsible for obtaining any required visas for entry into your destination country. Failure to secure the correct visa does not qualify you for a refund.

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We strongly recommend that you stay informed about local travel advisories, health precautions, and security updates by visiting Smartraveller and subscribing to relevant alerts.

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23. Marine Interactions & Ethical Conduct

At Deep Sensations Freediving, we are committed to responsible and ethical marine interactions. All participants must adhere to international and local marine conservation laws and environmental protection guidelines. Our operators uphold the highest standards of eco-friendly practices, and we expect all participants to do the same.

 

23.1. Code of Conduct for Marine Encounters

When engaging with marine life, you must follow these guidelines:

• No touching, chasing, or harassing marine animals. Observe respectfully from a safe distance.

• Do not interfere with natural behaviors, feeding, or movement patterns.

• Avoid contact with coral reefs, seagrass beds, or sensitive habitats. Be mindful of your buoyancy and movements.

• Do not feed wildlife—human interaction can disrupt natural diets and behaviors.

• Follow all instructions from your guides and instructors regarding safe and ethical marine encounters.

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23.2. Regulatory Compliance

All participants must comply with:

• Australian and international marine protection laws

• Local regulations governing marine sanctuaries and protected areas

• Best practices set by our freediving school and partnered operators

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Any violation of these guidelines may result in removal from activities without a refund. We are dedicated to preserving the ocean for future generations and expect all participants to share this responsibility.

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By participating in our experiences, you acknowledge your role in protecting marine ecosystems and agree to follow all ethical guidelines.

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23. User Comments, Feedback, and Photos

• Photos and videos may be taken during our Services for marketing purposes unless participants opt out.

• Photos captured during our Services can be used for social media and personal use, provided credit is given to @deepsensationsfreediving and the underwater photographer responsible. These photos must not be used for commercial, marketing, or other unauthorised purposes.

• Comments or submissions may be used by us without restriction.

• We may monitor, edit, or remove content deemed unlawful or inappropriate.

• Participants must not submit material that violates third-party rights or contains malicious content.

 

24. Intellectual Property

We retain ownership of all Intellectual Property Rights in the Site and Material.

 

25. Linking to the Site

• Participants must not establish links suggesting association with us.

• Links must not originate from websites not owned by participants.

• Framing the Site or deep linking requires our permission.

 

26. Indemnity

Participants agree to indemnify us and hold us harmless from any claims arising from their use of the Site or Services.

 

27. Privacy

We are committed to protecting participant privacy. Refer to our Privacy Policy for details.

 

28. General

• We may amend this Agreement without notice.

• We provide information on the Site to the best of our ability but do not guarantee accuracy.

• Void or unenforceable provisions may be severed without affecting other provisions.

• Failure to exercise a right does not waive it.

• This Agreement is governed by the laws of New South Wales, Australia, and parties submit to the jurisdiction of its courts.

• By accessing or using our Services, you agree to abide by this Agreement and any updates or amendments. If you do not agree with any part of this Agreement, you must refrain from using our Services.

• Deposit amount must be paid at the time of booking to secure your spot.

• The full amount of the trip must be paid at least 10 weeks prior to the trip commencement date.

• Deep Sensations Freediving reserves the right to cancel or postpone a trip at any time, including if minimum required numbers have not been met, weather conditions are not suitable, or if Deep Sensations Freediving deems conditions are not safe to proceed for any reason.

• If a trip has been postponed, Deep Sensations Freediving is not required to refund participants and will provide alternative dates for attendance. If the alternative dates are cancelled or postponed by Deep Sensations Freediving for any reason, participants will again be provided with alternative dates. The trip must be completed within 1 year of the original trip date.

• Once booked on to a trip, participants must comply with payment plans within information packs and digital flyers. 2nd and 3rd payments are nonrefundable.

• It is the responsibility of participants to get to the location of the trip/retreat/camp. Deep Sensations Freediving will not pay for flights or taxis.

• We highly recommend participants purchase travel insurance at the time of booking.

• If a vendor raises their prices while participants are booked on to a trip, Deep Sensations Freediving reserves the right to adjust prices to match the vendor.

• Deep Sensations Freediving has the right to make any changes to trips, retreats, or camps including locations, accommodation, special guests, group sizes, and price.

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29. Compliance

These Terms and Conditions were written in accordance with the ACCC guidelines and industry standards.