Howea Divers Terms and Conditions
CERTIFICATION REQUIREMENTS FOR DIVERS
All divers booking dives with Howea Divers Pty Ltd will be required to show proof of certification (certification card or log book) from a recognised training agency. Although most certifications can be checked online some older certifications are not listed, so it is recommended to organise this prior to your arrival on Lord Howe. We have a duty of care to make sure your diving experience with us is safe & enjoyable.
All customers of Howea Divers Pty Ltd participating in diving-based activities must complete the standard PADI Boat Travel and Scuba Diving – Liability Release form issued by Howea Divers Pty Ltd. When booking online this represents confirmation of booking and acceptance of the terms and conditions.
For all dive cancellations there is a $45 administration fee with the balance being refunded. Alternative activities will be arranged if diving is unavailable due to the weather or unforeseen circumstances. Where cancellation notification is received less than 10 days prior to the commencement day of your booking no refund is available. Travel Insurance is highly recommended.
Free dives are subject to numbers and availability and are not transferable or refundable.
LIABILITY RELEASE AND WAIVER
By continuing with the internet booking you accept the terms stated below. In consideration of Howea Divers Pty Ltd and Brian Busteed permitting me/us to participate in scuba diving, snorkelling and any other scenic or boat cruise (including instruction in any of these activities whether in or out of the water or on any vessel (herein referred to as activities) I agree as follows. Express Acceptance of Risk 1.1 I confirm that the answers I have provided in this form are true and correct and that Howea Divers Pty Ltd and Brian Busteed have relied on these answers in allowing me to participate in the activities.1.2 I personally and voluntarily assume all the risk for any harm, trauma, injury or damage that I may sufferto my person or my property whether foreseen or unforseen in connection with the activities. 1.3 I certify that I have been advised of the inherent risks associated with the activities and I voluntarily choose to participate in the activities fully accepting that suck risks, should they arise, may cause injury, death or property damage and in particular I acknowledge I have been advised that: 1.3.1 Diving with compressed air involves certain risks such as decompression illness, embolism, other hyperbaric injuries and such injuries may result in death or serious incapacity. 1.3.2 The injuries of the type referred to in clause 1.3.1 may require treatment in a recompression chamber or other medical facility. 1.3.3 The activities may be conducted at a location that is remote either in time and/or distance from a medical facility. 1.3.4 Scuba diving and snorkelling are physically demanding activities that may cause personal injury, trauma or death. 1.3.5 Scuba diving involves the use of equipment that may malfunction giving rise to the risk of injury, trauma or death.1.3.6 Scuba diving and snorkelling may involve exposure to the elements such as storms, wind, tide and naturally occurring events, as well as harmful marine life. Release Discharge & Indemnity 2.1 I unconditionally release Howea Divers Pty Ltd and Brian Busteed from all liability, claims and causes of action that may occur from any act, omission, default, failure or error on the part of Howea Divers Pty Ltd and Brian Busteed (including any negligent act, omission, default, failure or error) occurring wholly or partially during the course of the activities. Indemnity 3.1 I agree to indemnify and keep indemnified Howea Divers Pty Ltd and Brian Busteed from any liability, claim or cause of action that may that may be brought against Howea Divers Pty Ltd and Brian Busteed (including any negligent act, omission, default, failure or error on the part of Howea Divers Pty Ltd and Brian Busteed occurring wholly or partially during the course of the activities). 3.2 I agree that Howea Divers Pty Ltd and Brian Busteed will not be liable for and waive any right to claim any loss or damage, personal injury, death, economic loss or consequential loss whether in tort, in contract, under statute or otherwise, for any default, failure, negligence or error on the part of Howea Divers Pty Ltd and Brian Busteed. 3.3 If despite these terms, it is found that Howea Divers Pty Ltd and Brian Busteed is liable to compensate me then such liability is limited to the cost of providing the services in respect of which the liability arises. Parent Guardian Undertaking 4.1 Where thisform is signed by the parent or guardian of a minor (being a person under the age of 18 years), then the parent or guardian warrants that the information contained in this form is true and correct and personally covenants in the terms of this waiver, release and indemnity. Statement of Understanding 5.1 I acknowledge that I have read and understood the matters set out in the above document. 5.2 I acknowledge that the conditions set out in this document are contractual in nature, are intended to have legal effect and are not merely warnings or recital. 5.3 I have agreed to this document of my own free will and without representation or inducement by Howea Divers Pty Ltd and Brian Busteed, it’s agents or employees.