Terms and Conditions

Website Use

Access to and use of our website is not guaranteed and may be restricted or blocked without prior notice for maintenance, operational or technical reasons. You may only access and use our website for no other purpose than to view our goods and services for your personal purposes and to transact lawful and authorised business with Dive Zone Bay of Islands.

Course Booking Conditions

You must complete a dive medical statement before you start your Dive training. This must be signed on the prescribed PADI diving medical form. If after booking your dive course and paying your deposit you fail a dive medical (i.e. you are found to have a medical condition that will prevent you from diving) then we will happily provide you with a refund, but you must do this prior to redeeming your OW manual code and give us at least 7 days notice prior to the scheduled start of your dive course and provide us with a copy of your physician’s medical statement. Once you redeem your OW code, or if you advise us less than 5 days before the start of your dive course we will not provide a refund. We will provide full refunds for failed medicals. If you miss a session or are late for your course, you may need to do a catch-up session. Extra charges will apply. If after you have booked or started a course you need to change your course dates, please speak with us as early as possible so we can try and accommodate your request. You will be charges a Rebooking fee of $150 for changing course dates.

Trip Booking Conditions

Transportation or Flights are not included in the trip price. For Trips outside New Zealand you are required to have a current dive insurance.

Trips and Course Cancellations

Dive Zone Bay of Islands will offer alternate dates/product if conditions do not allow for safe travel. There are times that the weather conditions force us to cancel a trip to our dive sites due to Swell and wind conditions and directions that may make the trip and the diving dangerous on some days. We will refund the full amount of payment for dive trips if we must cancel due to weather conditions, an alternative day will be offered as well for customers if they do not want a refund. Dive courses will be offered alternative dates for completion of the course not a refund.  Safety for passengers and crew are always foremost on our minds, however we also know that divers are keen to get a dive. Basically, we go diving unless conditions are not safe. If we have your cell phone number or email address, we will endeavour to contact you if we are forced to cancel the trips. Seasickness, inability to equalise, personal health conditions, no show or less than 48hr of cancellation are not premises for refund.

Medical Information

All marine related activities, including diving, are potentially dangerous, and may require elements of skill by those undertaking the activity. You should not undertake a water-based activity for which you are un-trained or un-prepared. These water-based activities, including diving, also require a level of physical fitness and that you are in good health. If you do have a medical history of heart or lung disorders, asthma, or epilepsy, or are an insulin dependant diabetic, you should declare it to our staff. Our staff are First Aid Trained and we are trained to identify and minimise potential risk. You may need a medical from a doctor that requires you to be declared “fit to dive” before we can take you diving. We reserve the right to withdraw any person who, in our opinion, is likely to endanger themselves or others and we reserve the right to cancel any trip, diving, or other activity if we become concerned for any reason for your safety or that of any other person. If any activity is cancelled in those circumstances we are not obliged to make any refund.

Health and Safety Policy

Dive Zone Bay of Islands is committed to:

• Preventing serious harm to staff and customers

• Complying with health and safety legislation.

• Establishing measurable objectives and targets to ensure continued improvement with the aim to eliminate work-related illness and injury.

• Continually improving health and safety management.

• Taking all practicable steps to ensure the health and safety of staff and customers.

• Committed to the maintenance and protection of the marine environment in which we are privileged to work.

• Committed to acting as kaitiakitanga and exhibiting manaakitanga in pursuit of sustainable development of our environment, and our community.

In meeting these commitments, Dive Zone Bay of Islands will take responsibility for health and safety procedures, however employees need to be aware of their responsibilities and comply with the company’s health and safety policy.

This policy is appropriate to the nature and scale of our risks. Each employee will be actively encouraged to take personal responsibility for safety, to be aware of their responsibilities and to play a vital and responsible role in maintaining a safe and healthy workplace.

Together we aim to:

• Provide a healthy and safe workplace, safe equipment and proper materials.

• Identify and manage all hazards and risks.

• Establish and insist on safe practices at all times.

• Accurately report and record workplace incidents.

• Comply with all relevant legislation, regulations and codes of practice.

• Involve our team in the development of health and safety systems

• Invite feedback on, and regularly review safety systems in order to continuously improve.

Your participation is much appreciated.

Shipping

We ship within New Zealand. All orders will incur a shipping fee which will be quoted at checkout.

Delivery Method

Your purchase will be sent by signed for courier. At this time, we only deliver to New Zealand addresses. We do not deliver to Post Office boxes. Please note that a signature is required for all deliveries and you should inspect the package before signing for any signs of damage. The goods become the recipient’s property and responsibility once they have been signed for at the time of delivery. If goods do not arrive when you expect them to (see our Delivery Period), please contact us within 24 hours. We will use this delivery information to make a claim against our courier company. If any goods arrive damaged, please contact us within 24 hours of delivery. Please return the damaged goods to us in the condition received by you with all original packaging, together with all packing slips.

Delivery Method

We aim to dispatch your products within 48 hours of purchase. If any of it items you ordered are not in stock, we will notify you within 48 hours with an estimate on the lead time, and if this is too long to wait you may cancel your order. To ensure successful delivery, please provide a delivery address where someone will be present during business hours to sign for the receipt of your package. You can track your order by entering the tracking number emailed to you in the dispatch email, into the courier’s website.

Delivery times are as follows:

North Island: 1-3 days

South Island: 1-4 days

Rural delivery: 1 day extra to the above

Payment Options

Our prices are quoted with GST (Goods & Service Tax). All purchases are charged in New Zealand Dollars only.

You can pay by:

direct credit (our bank details will be provided to you on checkout)

credit card

Laybuy

Exchange and Refund

We would like you to buy with confidence so we offer a 14 day money back guarantee. You can return any product purchased from Dive Zone Bay of Islands in an unused, brand new condition within 14 days of the date of the purchase and we will refund your money back. Please advise us by email quoting your invoice number if you return a product to us. All purchases must be returned and inspected before any refund will be granted. The item(s) must be unused and in resalable condition, as determined by Dive Zone Bay of Islands.

Gift vouchers cannot be returned. They are non-refundable and cannot be redeemed for cash.

Intellectual Property

Your use of our website must not infringe the intellectual property rights of any person.

The material on our website is protected by copyright law and the names and logos are trade marks and are protected by trademark law. Dive Zone Bay of Islands retains all intellectual property rights worldwide to the software, technology, processes, materials and products on our website.  You must not use, copy, monitor, modify, transmit, store, extract, publish or distribute any material on or accessed via our website without prior written permission from Dive Zone Bay of Islands; except that you may print (or download onto a single computer or device) one copy only of information that is directly relevant to a booking you have made or a product or service you have purchased, or genuinely intend to purchase.

Limitation of liability

Subject to claims available under consumer protection laws, Dive Zone Bay of Islands is not liable (in negligence, tort, breach of contract, or otherwise) for any loss or damage (including direct or indirect loss, or special or consequential loss) arising out of or in connection with:

the use of (or inability to use) our website by you or anyone else; and or

the breach in the security of your computer, mobile or other device or the access to any information held on your computer, mobile or other device by unauthorised third parties.

Nothing in these Terms and Conditions shall exclude or limit our liability for death or personal injury caused by negligence or for fraud and fraudulent misrepresentation.

Disclaimers

To the fullest extent permitted by law, Dive Zone Bay of Islands makes no warranties (express or implied), and makes no representations, with respect to:

the availability of our websites and or website functions for your use;

inability to access or use our website due to lack of network coverage or connectivity;

website and disruptions, defects and technical errors that may occur from time to time;

viruses and other harmful elements that may be present on websites, software and servers and mobile apps; and

third party websites, applications, products, and services.

Laws of New Zealand apply

These Terms and Conditions shall be governed by and construed in accordance with the laws of New Zealand without giving effect to any principles of conflicts of law. You and Dive Zone Bay of Islands consent to the exclusive jurisdiction of the courts of New Zealand in connection with any legal action that may arise in relation to your use of our websites, our mobile apps and or these Terms and Conditions.

Changes to the Website Terms and Conditions

We may make changes to these Terms and Conditions from time to time. When we make changes, we will update these Terms and Conditions on our website. We will also specify the date of the last update.

These Terms and Conditions were last updated on 24/09/2022.