Terms and Conditions

Last Update: November 19, 2024

This document establishes the terms and conditions under which our services for underwater activities, dives, and recreational and technical diving courses are offered.

By using Spot Diving’s services, you fully and unconditionally accept these terms. If you disagree with any of the provisions herein, we recommend refraining from using our services.

1. Relevant Definitions

In the context of Spot Diving’s services, technical and specific terms related to underwater activities are used, defined as follows to avoid ambiguities:

• Diving Certification
  A certification is an official document issued by internationally recognized agencies, such as Scuba Diving International (SDI) / Technical Diving International (TDI), validating that the diver has the technical and theoretical skills to conduct safe dives. Certifications range from beginner levels like Open Water Diver to advanced technical or specialized diving certifications. Clients must ensure their certification is active and valid before booking any service.
• Guided Dive
  Refers to underwater activities conducted under the direct supervision of a certified guide. These dives occur at pre-selected diving spots by Spot Diving, ensuring safety and quality standards are met.
• Diving Equipment
  Includes all necessary gear for safe diving: compressed air tanks, regulators, buoyancy control devices (BCD), wetsuits, masks, fins, dive computers, among others. Spot Diving ensures proper maintenance of its equipment in compliance with international safety regulations.
• Recreational vs. Technical Diving

• Recreational Diving: Focuses on exploring underwater areas without requiring prolonged decompression stops or complex equipment.
• Technical Diving: Involves deep and challenging dives requiring additional equipment, such as redundant tanks, and specific certifications to manage higher risks.

• Diving Spot
  The geographic location where the diving activity takes place. These spots are carefully selected for their biodiversity, geological features, or historical interest, such as shipwrecks. Spot Diving conducts periodic evaluations to ensure the safety and conservation of these locations.
• Certified Diving Guide
  A professional accredited by SDI/TDI or a similar agency, trained to lead dives. Their responsibilities include participant safety, emergency management, and technical supervision during activities.
• Dive Briefing
  The pre-dive informational session. During this phase, the Certified Diving Guide explains the dive plan, site features, environmental conditions, safety procedures, and proper equipment use.
• Diving Safety Standards
  A set of mandatory measures and procedures to prevent accidents during dives. These include buoyancy control, monitoring time and depth, proper equipment usage, and strict adherence to air supply levels.

2. Scope of Services
   Spot Diving offers a variety of services designed to provide safe and enriching experiences in recreational and technical diving. The key aspects are detailed below:

• Services Offered

• Guided Recreational Dives: Exploration of reefs, shipwrecks, and other points of interest.
• Certification Courses: Training at various levels, from beginner to advanced.
• Equipment Rental: Provision of high-quality gear for those who do not have their own.
• Customized Tours: Packages tailored to each client’s needs, including transportation, accommodation, and expert guides.

2.2. Service Provision Conditions

• Services will be provided in accordance with SDI/TDI safety standards.
• Participants will be required to meet the prerequisites specified for each course or activity.
• Services are subject to availability and weather conditions.

• Guarantees
  Spot Diving guarantees:

• Equipment in optimal working conditions.
• Professional supervision by certified guides.
• Compliance with international diving regulations.

3. Service Restrictions
   To ensure the safety of all participants, Spot Diving has established the following restrictions:

• Certification and Experience

• An active certification in recreational or technical diving issued by a recognized agency is mandatory.
• If you have not dived in the past year, you must complete a Refresh Course.

• Physical and Medical Conditions

• Participants must be in good physical condition and provide a duly completed medical form.
• Individuals under the influence of alcohol or psychotropic substances will not be allowed to participate.

• Minimum Age

The minimum age to participate in underwater activities is 12 years old. Minors must have signed consent from a legal guardian.

• Weather and Sea Conditions

Spot Diving reserves the right to cancel activities if it perceives adverse weather conditions that could compromise participants’ safety.

4. Platform Registration and Access

• Registration Process

Clients can register through our website: https://spotdiving.com/en/home/, following these steps:

• Select the desired course or experience.
• Complete the liability waiver form.
• Upload the required documents, such as certifications and medical examination results.

• Communication Channels

Spot Diving provides the email info@spotdiving.com and WhatsApp number 311 8323051 to address inquiries and offer assistance during the registration process.

• Required Information
• Full name.
• Identification document.
• Phone number and email address.
• Physical details such as shoe and clothing sizes for equipment.
• Medical declaration and diving certification.

5. Duración de la Relación con los Clientes

• Conservación de Documentación

Spot Diving, en cumplimiento de los estándares de SDI/TDI, conserva los siguientes documentos por un período mínimo de cinco años:

• Formularios de inscripción y consentimiento.
• Registros de evaluaciones y certificaciones emitidas.
• Documentos relacionados con el historial de formación y experiencia del cliente.
• Payment Policy
  The contracted services are one-time payments. No subscriptions or recurring memberships are offered.

6. Payment Methods
   Spot Diving accepts the following payment methods:

• Domestic and international bank transfers.
• Electronic payments via PayPal.
• Cash payments at the operation site.

7. Contract Termination

Spot Diving may unilaterally terminate the contract agreed upon herein in the following cases:

• Breach of terms and conditions by the client.
• Falsification or failure to meet certification requirements or medical conditions.
• Force majeure events that prevent the provision of the service.

8. Liability Waiver
   Before participating in any of our activities, the client must agree to a liability waiver form, acknowledging the inherent risks of diving, including:

• Accidents caused by human error or technical failures.
• Decompression sickness or lung overexpansion injuries.
• Damages resulting from unpredictable environmental conditions.

Spot Diving is not responsible for incidents beyond its control or those arising from the client’s failure to comply with safety regulations.

9. Cancellation and Refund Policies

• Full Refunds:

• If travel or service provision is not possible due to force majeure, 100% of the payment will be refunded or applied to a future Spot Diving experience within one year.
• If the required minimum number of participants (4 people) is not met.

• No Refunds:

• If the client cancels with less than twenty-four (24) hours’ notice before the experience.
• Due to adverse weather conditions.
• For delays or cancellations caused by airlines, road closures, or transportation/boat agencies.
• If the client decides not to participate in the underwater activity due to panic, difficulty equalizing, or other issues.
• If the client fails to show up.
• If the client is under the influence of drugs, hallucinogenic substances, or alcohol at the time of the diving activity.

• Cancellations by Spot Diving
  Spot Diving reserves the right to cancel or reschedule activities in the following circumstances:

• Adverse or unsafe weather conditions.
• Technical failures in equipment or infrastructure.
• Force majeure events, such as social conflicts or natural disasters.

In the event of cancellation by Spot Diving, clients may choose to:

• Reschedule their activity at no additional cost.
• Request a full refund of the amount paid.

• Reservation Modifications
  Clients may request changes to their reservations (such as dates or activity type) with a minimum of seven (7) days’ notice. These modifications are subject to availability and may incur additional administrative fees.

10. Use of Diving Equipment

10.1. Client Responsibilities
The client is responsible for the proper use of the diving equipment provided by Spot Diving. This includes:

• Attending the safety briefing on equipment handling.
• Inspecting the equipment alongside the guide before starting the activity.
• Using the equipment exclusively for the authorized purposes during the contracted activity.

• Equipment Damage or Loss
  If any equipment is damaged or lost due to misuse by the client, the client will be responsible for covering the repair or replacement costs. Spot Diving commits to providing clear and precise information regarding the associated costs before proceeding with any charges.
• Equipment Maintenance and Warranty
  All diving equipment used in our activities undergoes a rigorous periodic maintenance process, complying with international underwater safety regulations. Spot Diving guarantees that the equipment will be in optimal condition at the time of use.

11. Safety and Code of Conduct

11.1. Safety Policies
Spot Diving strictly adheres to international safety protocols established by recognized diving agencies (SDI/TDI). These policies include:

• Depth and time limits based on the client’s certifications.
• Prohibition of solo dives; all activities must be conducted in pairs or under the supervision of a guide.
• Mandatory use of dive computers to monitor the dive.

• Expected Client Conduct
  All participants are expected to:

• Follow the instructions of the guide and technical staff.
• Avoid behaviors that could endanger their safety or that of others, such as physical or verbal harassment.
• Contribute to the conservation of the marine environment by refraining from touching or extracting underwater flora and fauna.

11.2. Emergency Management
Spot Diving has protocols and emergency equipment to handle critical situations, such as:

• Providing supplemental oxygen in incidents related to decompression.
• Contacting medical centers specialized in hyperbaric medicine.
• Maintaining constant communication with local maritime rescue and assistance authorities.

12. Intellectual Property

• Copyright
  All content on the Spot Diving platform, including texts, images, videos, and logos, is the exclusive property of the company or is used under valid licenses. The reproduction, distribution, or modification of this content without prior written consent from Spot Diving is strictly prohibited.
• Photographs and Videos Taken During Activities
  Spot Diving reserves the right to take photographs and videos during diving activities for promotional purposes. However, we respect our clients’ privacy, and any request to exclude an individual from such material will be promptly addressed.

Additionally, Spot Diving clients agree to allow the use of images taken during dives and the provision of services, in accordance with point thirteen (13) of these terms and conditions and our data privacy and protection policy, which can be consulted at the following link: https://spotdiving.com/en/personal-data-protection-and-processing-policy/

13. Personal Data Processing

• Regulatory Compliance
  Spot Diving is committed to complying with the provisions of Law 1581 of 2012 and other Colombian regulations on personal data protection.

• Purpose of Data Processing
  The personal data collected will be used exclusively to:
• Manage reservations and provide services.
• Send communications related to promotions, events, or company updates.
• Fulfill legal obligations related to diving activities.
• Process payments for services rendered.
• Rights of the Data Subject
  Clients may exercise their rights to access, rectify, update, delete, or revoke authorization for the processing of their personal data at any time. To do so, they must submit a written request via the official Spot Diving email address.

13.4. Data Storage and Security
Spot Diving implements technical and organizational measures to protect personal information against unauthorized access, loss, or alteration. Data will be retained only for the time necessary to fulfill the purposes of its processing.

14. Jurisdiction and Applicable Law
    Any dispute arising in connection with the interpretation or execution of these terms and conditions will be resolved under Colombian law and in the courts of the principal domicile of Spot Diving.
15. Modifications to Terms and Conditions
    Spot Diving reserves the right to modify these terms and conditions at any time. Updates will be published on our website, and clients will be notified via email or equivalent means. Continued use of the services after the publication of changes constitutes acceptance of the revised terms.

16. Environmental and Sustainability Policy

• Spot Diving’s Environmental Commitment
  Spot Diving is dedicated to the protection and preservation of the marine environment. All our activities are designed to minimize environmental impact and promote responsible diving and sustainable tourism practices.

• Measures for Marine Environment Conservation
  As part of our environmental policy, we implement the following measures:
• Use of efficient vessels: All our boats comply with international standards for emissions and fuel efficiency.
• Environmental training: Clients receive guidance before each activity on how to interact with the marine environment responsibly.
• Underwater cleanup programs: We regularly organize activities to collect waste in diving areas.
• Avoidance of harmful chemicals: We prohibit the use of sunscreens containing substances harmful to coral reefs.

• Client Environmental Conduct
  Clients are expected to follow our environmental recommendations, including:
• Refraining from touching or extracting marine organisms.
• Avoiding littering in the water.
• Reporting any observed damage or harmful activities during dives.

Failure to adhere to these guidelines may result in the immediate termination of the activity without a refund.

17. Liability Limits

17.1. Liability Waiver
Spot Diving will not be held responsible for:

• Personal injuries or material losses caused by failure to follow the safety instructions provided by our guides and operators.
• Accidents resulting from pre-existing medical conditions not disclosed by the client prior to the activity.
• Damages caused by natural forces or circumstances beyond our reasonable control (force majeure or unforeseeable events).

• Limited Liability
  The maximum liability of Spot Diving for any claim will not exceed the total amount paid by the client for the contracted activity.

• Activity Insurance
  Spot Diving ensures that each diving excursion is backed by insurance coverage protecting participants against potential accidents during underwater activities. This insurance is managed through the diving operators supporting our activities. Specific details regarding the scope and conditions of the coverage are available upon client request.

18. Inclusion Policy

• Universal Access
  Spot Diving is committed to ensuring that our activities are inclusive and accessible to everyone, regardless of gender, sexual orientation, religion, or nationality.
• Anti-Discrimination Policy
  Spot Diving upholds a zero-tolerance policy against any form of discrimination or harassment. Clients and employees who violate this policy will face disciplinary actions, including exclusion from future activities or termination of employment, as applicable.

19. Claims and Dispute Resolution

• Claims Process
  If a client experiences any issues or is dissatisfied with the service provided, they may file a claim following these steps:
• Submit a detailed description of the problem via the customer service email.
• Receive acknowledgment of the claim within a maximum of 48 hours.
• Spot Diving will investigate the case and respond within no more than 15 business days.

• Amicable Resolution
  Our goal is to resolve any disputes amicably and to the satisfaction of both parties. If no agreement is reached, the client may turn to alternative dispute resolution mechanisms, such as mediation or conciliation, as provided by Colombian regulations.

• Recourse to Competent Authorities
  If the conflict cannot be resolved through the aforementioned mechanisms, the client may escalate the matter to competent authorities, such as the Superintendence of Industry and Commerce (SIC), in accordance with Colombian law.

20. Final Declaration
    By accepting these terms and conditions, the client declares that:

• They have read and understood all the provisions set forth herein.
• They agree to comply with Spot Diving’s policies and rules.
• They understand the limitations of liability and the legal implications described.

These terms and conditions constitute the entire agreement between the client and Spot Diving and supersede any prior communication or verbal agreements related to the services offered.

Last Updated: November 19, 2024
Customer Service Contact: Email: info@spotdiving.com; Phone: +57 311 8323051.