General Terms and Conditions
The services of MaiDiving are subject to general terms and conditions.

Article 1 – Definitions

In these terms and conditions the following definitions apply:

Grace period: the period within which the consumer can exercise his right of withdrawal;
Consumer: the natural person who is not acting in the exercise of a profession or business and enters into a distance contract with MaiDiving;
Day: calendar day;
Duration transaction: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
Durable data carrier: any means that enables the consumer or MaiDiving to store information addressed to him personally in a way that allows future consultation and unaltered reproduction of the stored information.
Right of withdrawal: the possibility for the consumer to waive the distance contract within the cooling-off period;
MaiDiving: the natural or legal person offering products and/or services to consumers at a distance;
Distance contract: an agreement whereby, within the framework of a system organized by the MaiDiving for the distance sale of products and/or services, up to and including the conclusion of the agreement, exclusive use is made of one or more techniques for distance communication; Technique for distance communication: means that can be used for the conclusion of an agreement, without the consumer and MaiDiving having come together simultaneously in the same room.

Article 2 – Identity of the entrepreneur

MaiDiving Divecenter VOF

Albrandswaardsedijk 188b

3172 XB, Poortugaal

Phone number: 010 295 47 45

E-mail address: info@maidiving.nl

Chamber of Commerce number: 64738515

VAT no.: NL855809814B01

The entrepreneur is hereinafter referred to as: ”MaiDiving”.

Article 3 – Applicability

These general terms and conditions shall apply to any offer made by MaiDiving and to any distance contract concluded between MaiDiving and the consumer.
Before the remote agreement is concluded, the text of these general conditions shall be made available to the consumer. If this is not reasonably possible, before the distance agreement is concluded, it will be indicated that the general terms and conditions are available for inspection at the MaiDiving and that they will be sent free of charge to the consumer on request as soon as possible.
If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that it can be stored by the consumer in a simple manner on a durable data carrier. If this is not reasonably possible, prior to the conclusion of the distance contract it will be indicated that the general terms and conditions are available for inspection at the MaiDiving and they will be sent free of charge to the consumer at his request as soon as possible.
If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these general conditions may be made available to the consumer electronically in such a way that it can be stored by the consumer in a simple manner on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be inspected electronically and that, at the consumer’s request, they will be sent electronically or otherwise free of charge.
In the event that in addition to these general conditions also specific product or service conditions apply, the second and third paragraphs apply by analogy and in the event of conflicting general conditions the consumer can always rely on the applicable provision that is most favorable to him.

Article 4 – The offer

If an offer has a limited period of validity or is made subject to conditions, this shall be expressly stated in the offer. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If MaiDiving uses images these are a true representation of the products and/or services offered. Obvious mistakes or obvious errors in the offer do not bind MaiDiving.
Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer. This concerns in particular:
the price including taxes;
any costs of delivery;
the way in which the agreement will be concluded and which actions are necessary for this;
whether or not the right of withdrawal is applicable;
the method of payment, delivery and performance of the agreement;
the period for acceptance of the offer, or the period within which MaiDiving guarantees the price;
the level of the rate for distance communication if the costs of using the technique for distance communication are calculated on a basis other than the regular basic rate for the means of communication used;
whether the agreement is archived after its conclusion, and if so in what way it can be consulted by the consumer;
the way in which the consumer, before the conclusion of the agreement, can check the data provided by him in the context of the agreement and, if desired, rectify them;any other languages in which, in addition to Dutch, the agreement may be concluded;
the codes of conduct to which MaiDiving is subject and the way in which the consumer can consult these codes of conduct electronically; and
the minimum duration of the distance contract in the event of an extended transaction.

Article 5 – The agreement

The agreement comes into effect, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and the fulfilment of the conditions thereby stipulated.
If the consumer has accepted the offer electronically, MaiDiving will immediately confirm receipt of acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by MaiDiving, the consumer may dissolve the agreement.
If the agreement is concluded electronically, MaiDiving shall take appropriate technical and organizational measures to protect the electronic transfer of data and shall ensure a secure web environment. If the Consumer can pay electronically, MaiDiving shall observe appropriate security measures to that effect.
MaiDiving can – within legal frameworks – inform itself whether the consumer can meet his payment obligations, as well as of all those facts and factors that are important for a responsible conclusion of the distance contract. If MaiDiving, on the basis of this investigation, has good grounds to reject the agreement.

If MaiDiving has good grounds on the basis of this investigation not to enter into the agreement, it shall be entitled to refuse an order or application or to attach special conditions to the execution, giving its reasons.
MaiDiving shall include the following information with the product or service to the consumer, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:
the visiting address of the MaiDiving branch where the consumer can address complaints;
the conditions under which and the way in which the consumer can make use of the right of withdrawal, or a clear notification regarding the exclusion of the right of withdrawal;
the information on guarantees and existing after-sales service;
the data included in article 4 paragraph 3 of these conditions, unless MaiDiving has already provided the consumer with these data prior to the execution of the agreement;
the requirements for termination of the agreement if the agreement has a duration of more than one year or is of indefinite duration.
In case of a duration transaction, the provision in the previous paragraph only applies to the first delivery.

Article 6 – Right of withdrawal

When purchasing products, the consumer has the possibility of dissolving the agreement without giving reasons for a period of 14 days. This cooling-off period commences on the day following receipt of the product/service by the consumer or a representative designated in advance by the consumer and made known to MaiDiving.
During the reflection period the consumer will handle the product and packaging with care. He shall only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he makes use of his right of withdrawal, he shall return the product with all delivered accessories and – if reasonably possible – in the original condition and packaging to MaiDiving, in accordance with the reasonable and clear instructions provided by MaiDiving.
After taking (parts of) a course, provided by MaiDiving, it is not possible to receive a (partial) refund if the consumer chooses not to complete the course, unless otherwise stated by MaiDiving.
After registration for (parts of) a diving event, provided by MaiDiving, the consumer retains the right to cancel participation.

Article 7 – Costs in case of withdrawal

If the consumer makes use of his right of withdrawal, at most the costs of returning a product will be for his account.
If the consumer has paid an amount for a product, MaiDiving will refund this amount as soon as possible, but at the latest within 30 days after the return or withdrawal. If the consumer has paid an amount for a product, MaiDiving will refund this amount as soon as possible, but no later than 30 days after the return or cancellation.
If the consumer cancels the participation within 48 hours before the start of a diving event provided by MaiDiving, MaiDiving reserves the right to charge the consumer 50% of the participation fee.

Article 8 – Exclusion of right of withdrawal

MaiDiving may exclude the consumer’s right of withdrawal to the extent provided for in paragraphs 2 and 3. The exclusion of the right of withdrawal will only apply if MaiDiving has clearly stated this in the offer, at least in good time prior to the conclusion of the agreement.
Exclusion of the right of withdrawal is only possible for products
that have been created by MaiDiving in accordance with the specifications of the consumer;
that are clearly personal in nature;
that cannot be returned due to their nature;
whose price is subject to fluctuations in the financial market over which MaiDiving has no influence;
For audio and video recordings and computer software of which the consumer has broken the seal.
Exclusion of the right of withdrawal is only possible for services:
concerning accommodation, transportation, restaurant business or leisure activities to be performed on a certain date or during a certain period;
whose delivery has started with the express consent of the consumer before the withdrawal period has expired;

Article 9 – The price

During the validity period stated in the offer, the prices of the products and/or services offered shall not be increased, subject to price changes resulting from changes in VAT rates.
Contrary to the previous paragraph MaiDiving may offer products or services whose prices are subject to fluctuations in the financial market and on which MaiDiving has no influence, with variable prices. This connection to fluctuations and the fact that any prices stated are target prices shall be stated in the offer.
The prices mentioned in the offer of products or services are inclusive of VAT.

Article 10 – Compliance and Warranty

MaiDiving guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and the existing statutory provisions and/or government regulations on the date of the conclusion of the agreement.
A guarantee provided by MaiDiving, manufacturer or importer does not affect the legal rights and claims that the consumer can assert against MaiDiving on the basis of the agreement.
MaiDiving and manufacturer of the product reserves the right not to apply a refund scheme if defects found with the product are demonstrably caused by negligence or mishandling of the product by the consumer.
MaiDiving cannot be held responsible for defects to and accidents caused by the incorrect use of products issued by MaiDiving to the consumer.

Article 11 – Delivery and execution
MaiDiving will take the greatest possible care when receiving and executing orders of products and when assessing requests for the provision of services.
The place of delivery is the address that the consumer has made known to the company.
Subject to what is stated in article 4 of these general conditions, the company will execute accepted orders expeditiously but at the latest within 30 days unless a longer delivery period has been agreed. If delivery is delayed, or if an order cannot or can only be partially carried out, the consumer will be informed about this within 30 days after the order was placed. The consumer in that case has the right to dissolve the agreement without cost.
In case of dissolution in accordance with the previous paragraph MaiDiving will refund the amount paid by the consumer as soon as possible, but at the latest within 30 days after dissolution.
If delivery of an ordered product turns out to be impossible, MaiDiving will make an effort to provide a replacement article. At the latest upon delivery it will be clearly and comprehensibly stated that a replacement article is being delivered.Replacement items cannot exclude the right of withdrawal. The costs of any return shipment shall be borne by MaiDiving.
The risk of damage and/or loss of products rests with MaiDiving until the moment of delivery to the consumer or a representative designated in advance and made known to MaiDiving, unless expressly agreed otherwise.
The consumer may cancel the agreements mentioned in the previous paragraphs:
– terminate at any time and not be limited to termination at a specific time or period;

– terminate at least in the same way as they were entered into by him;

– always terminate with the same notice period as the MaiDiving has stipulated for himself.

Article 12 – Payment

Insofar as not otherwise agreed, the amounts due by the consumer should be paid within 14 days after the start of the reflection period as referred to in article 6 paragraph 1. In case of an agreement to provide a service, this period starts after the consumer has received the confirmation of the agreement.
When selling products on prepayment to consumers, the general terms and conditions may never stipulate an advance payment of more than 50%. Where advance payment is stipulated, the consumer cannot assert any rights regarding the execution of the order or service(s) in question before the stipulated advance payment has been made. The consumer has the duty to immediately report inaccuracies in payment details provided or stated to MaiDiving.
In case of non-payment by the consumer, MaiDiving shall, subject to legal restrictions, be entitled to charge the reasonable costs previously communicated to the consumer.

Article 13 – Complaints procedure

MaiDiving has a complaints procedure in place and will handle complaints in accordance with this complaints procedure.
Complaints about the performance of the agreement must be submitted to MaiDiving within a reasonable time, fully and clearly described, after the consumer has discovered the defects.
Complaints submitted to MaiDiving will be answered within a period of 14 days from the date of receipt, be it electronically, by telephone or in person. If a complaint requires a foreseeably longer processing time, MaiDiving will respond within the 14-day period with a notice of receipt and an indication of when the consumer can expect a more detailed answer.
If the complaint cannot be resolved by mutual agreement a dispute arises that is subject to the dispute resolution procedure.

Article 14 – Disputes

Agreements between MaiDiving and the consumer to which these general terms and conditions relate shall exclusively be governed by Dutch law.
Disputes between MaiDiving and the consumer shall, if no suitable compromise can be reached, be dealt with by a competent Dutch court.