Terms & Conditions
Certification Requirements for Divers
All customers booking to dive with MAGNETIC ADVENTURE DIVERS PTY LTD (PRO DIVE MAGNETIC ISLAND) MUST show proof of certification (through their relevant training agency) to the minimum level required for that trip before they are able to embark onto Mako or head to the beach. If you are unable to provide proof of certification you will not be allowed to board the vessel (or dive with the group) and may forfeit all monies paid for that trip.
Our tours are subject to the risks and perils of scuba diving in changeable conditions in an open water environment. We have a duty of care to ensure that your dive experience is enjoyable and safe, therefore we reserve the right, for our customer’s safety and/ or the safety of our crew or other scuba divers, to prevent any customer’s participation in scuba diving if they are deemed physically or medically unfit to do so or in our sole discretion.
If you have less than 10 dives and have not dived for 6 months, or you have more than 10 dives but have not dived for 12 months you may be required to complete a refresher dive course. This is for your own safety and comfort as well as for the safety and comfort of the other customers diving with you.
MAGNETIC ADVENTURE DIVERS PTY LTD (PRO DIVE MAGNETIC ISLAND) reserves the right to refuse to provide diving and dive related activities where a customer is deemed by staff to be unfit to participate. Refunds will be made at MAGNETIC ADVENTURE DIVERS PTY LTD (PRO DIVE MAGNETIC ISLAND)’s discretion.
No compensation is offered if you should be unable to complete all offered dives.
Certified divers choosing to use their own dive equipment must ensure that all equipment is in good working condition and serviced within the last 12 months. MAGNETIC ADVENTURE DIVERS PTY LTD (PRO DIVE MAGNETIC ISLAND) are not responsible for any faults or damage to customers personal equipment and do not carry spare equipment for divers using their own dive equipment. If divers are not able to complete dives due to faults with their own personal dive gear no compensation will be offered.
We strongly recommend a wait of 24 hours before flying after diving.
Dive and Snorkel Trips
For all event cancellations, there is a $25 administration fee.
Where cancellation notification is received LESS THAN 72 hours prior to the booked event (exception: see medical requirements) bookings are non-refundable.
You are able to change your event start date free of charge where a minimum of 72hrs notification is given prior to booked event, however for all booking changes made within 72hrs of the booked event (unless otherwise stated) there will be a $25 charge per person (unless medical notification is received).
MAGNETIC ADVENTURE DIVERS PTY LTD (PRO DIVE MAGNETIC ISLAND) will endeavour to confirm all boat trips the day prior on review of the latest weather forecast but reserves the right to cancel dive trips at any time. All customers are required to call between 3-4pm the day prior to their trip to confirm if the trip can proceed.
Where MAGNETIC ADVENTURE DIVERS PTY LTD (PRO DIVE MAGNETIC ISLAND) cancels an event a full refund or alternative dates will be offered, however no refunds or credits will be due where customers fail to arrive by the published start/departure times for their courses and trips.
Dive Site Guarantee – Magnetic Adventure Divers Pty Ltd (Pro Dive Magnetic Island) retain the right to change our planned dive site should prevailing sea conditions or weather conditions make it unsafe for diving. In these circumstances, no refunds will be offered should the diver decide not to proceed with the dive.
Once you have booked a course or program, and you are unable to complete the course for any reason, there is no refund on any portion of the program (excluding in the case of failed medicals). If you’d like to transfer starting date, this will incur a $100 transfer fee.
In the case of a failed Dive Medical, a medical signed by a qualified diving physician stating that you are medically unfit to dive must be provided 7 days prior to the course beginning in order to secure a refund.
If you have already signed up for the online training the cost of the training will be deducted from the refund.
If you are late on any of the course days, you will not be allowed to join the group for the remainder of the course or program.
If you can complete only a portion of a course, the remainder of the programme will become subject to availability. If you do not complete your course for any reason, you also become subject to availability. You have to wait until there is a space opening for you, or if you’d like to book a new date to finish the course or program, a $100 transfer fee applies.
Any courses purchased through a special offer or discounted price are strictly non-refundable.
All passengers/students are strongly advised to purchase a comprehensive Travel Insurance policy that covers:
- Trip Cancellation
- Lost/damaged personal belongings or equipment, due to any reason, and
- Evacuation and Medical cover for Scuba Diving
Note: In a medical emergency, any evacuation, vessel relocation or medical expenses are the financial responsibility of that passenger.
As a certified diver you will be required to complete a medical statement. If your health has changed since you completed your dive course, you may be required to provide a letter from your doctor stating that you are fit to dive – please request more information if this is the case.
All medical cancellations must be accompanied by a medical failure notification from the doctor, word of mouth will not be accepted.
English is the language spoken on board our tours.
Liability Release and Waiver
The laws of Queensland apply in relation to these Terms and Conditions and our business.
It is a fundamental condition of this contract between you, and/or your client and us, that to the extent permitted by law, we (including our directors, employees, agents and independent contractors) are discharged and indemnified by you /or your client (including by your /or your clients executor(s), administrator(s) and dependent(s)) from any liability for any loss, damage, death or injury whatsoever arising out of, or incidental to, this diving or snorkeling trip and other services provided by us, whether or not such damage or personal injury is caused or contributed to by us.
You/or your client acknowledge and agree that:
- They will be participating in activities, which are undertaken for the purposes of recreation and involve a significant degree of physical exertion and/or physical risk;
- They are aware of the risks of injury associated with your participation in this diving or snorkeling trip and agree to voluntarily assume such risk; and
- The use of any equipment hired or loaned by us is entirely at their own risk.
- Notwithstanding the above, we reserve the right to rely upon any limitation of liability and/or defence available under any applicable law(s) and/or international convention(s) for any claim made by you or your client against us.
Express acceptance of risk
To participate SCUBA diving / Snorkeling ALL Customers are required to agree to, and sign, our Liability forms relevant to the activity they will be undertaking.
1.1 I confirm that the answers I provide in these forms are true and correct and that MAGNETIC ADVENTURE DIVERS PTY LTD (PRO DIVE MAGNETIC ISLAND) has 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 suffer to my person or my property whether foreseen or unforeseen 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 such 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 snorkeling 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 Snorkeling and scuba diving 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 and discharge MAGNETIC ADVENTURE DIVERS PTY LTD (PRO DIVE MAGNETIC ISLAND) from all liabilities, claims and causes of action that may occur from any act, omission, default, failure or error on the part of MAGNETIC ADVENTURE DIVERS PTY LTD (PRO DIVE MAGNETIC ISLAND) (including any negligent act, omission, default, failure or error) occurring wholly or partially during the course of the activities.
3.1 I agree to indemnify and keep indemnified MAGNETIC ADVENTURE DIVERS PTY LTD (PRO DIVE MAGNETIC ISLAND) from any liability, claim or cause of action that may be brought against MAGNETIC ADVENTURE DIVERS PTY LTD (PRO DIVE MAGNETIC ISLAND) as a result of or in connection with any act, omission, default, failure or error on the part of MAGNETIC ADVENTURE DIVERS PTY LTD (PRO DIVE MAGNETIC ISLAND) occurring wholly or partially during the course of the activities).
3.2 I agree that MAGNETIC ADVENTURE DIVERS PTY LTD (PRO DIVE MAGNETIC ISLAND) 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 MAGNETIC ADVENTURE DIVERS PTY LTD (PRO DIVE MAGNETIC ISLAND).
3.3 If despite these terms, it is found that MAGNETIC ADVENTURE DIVERS PTY LTD (PRO DIVE MAGNETIC ISLAND) 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 the release of liability and waiver form 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 along with the terms and conditions as outlined here are true and correct and personally covenants in the terms of this waiver, release and indemnity.
Statement of understanding
By booking a snorkeling or diving activity, I acknowledge;
5.1 I have read and understood the matters set out in the above document.
5.2 The conditions set out in this document are contractual in nature, are intended to have legal effect and are not merely a warning or recital.
5.3 I have agreed to this document of my own free will and without representation or inducement by MAGNETIC ADVENTURE DIVERS PTY LTD (PRO DIVE MAGNETIC ISLAND); it’s agents or employees.