This Digital Participant Service Agreement (“Agreement”) sets out the terms under which Elite Diving Centre provides diving activities, courses, excursions, booking-related services, and related participant services through its website, digital forms, messaging channels, and other remote communication methods.
By submitting an enquiry, making a booking request, completing an online form, confirming participation digitally, or using our services, you confirm that you have read, understood, and accepted this Agreement.
1. Parties
This Agreement is entered into between:
Elite Diving Centre
Fethiye, Muğla, Türkiye
Email: info@elitedivingcentre.com
Phone / WhatsApp: 905303663111
and
the individual submitting a booking, enquiry, registration, participation form, or digital confirmation (“Participant”).
If a booking is made on behalf of multiple people, the person making the booking confirms that they are authorized to share the relevant details and accept these terms on behalf of the other participants, where applicable.
2. Scope of Services
Elite Diving Centre may provide services including, but not limited to:
- Introductory diving experiences
- Certified diving activities
- Diving courses and specialty programs
- Daily dive trips
- Snorkeling or boat-based activities where offered
- Booking administration and customer communication
- Related digital support services before and after participation
All services are subject to availability, weather conditions, sea conditions, safety requirements, operational planning, and participant suitability.
3. Digital Booking and Enquiry Process
Participants may contact Elite Diving Centre through:
- Website enquiry forms
- Website booking forms
- Phone
- Other approved digital communication channels
A booking request submitted digitally does not automatically mean that participation is fully confirmed unless Elite Diving Centre sends a confirmation message, booking summary, invoice, payment confirmation, or equivalent approval.
Elite Diving Centre reserves the right to accept, reject, postpone, or modify a booking request where necessary for operational, safety, legal, or capacity reasons.
4. Participant Declarations
By submitting a digital request or confirming participation, the Participant declares that:
- the information provided is true and accurate,
- they will provide complete and honest information relevant to the activity,
- they understand that diving and marine activities may involve physical and environmental risks,
- they will follow the instructions of instructors, divemasters, guides, captains, and staff,
- they understand that participation may be refused or limited if safety requirements are not met.
If the Participant provides false, incomplete, or misleading information, Elite Diving Centre may cancel or refuse participation without responsibility for resulting loss, disruption, or cost.
5. Health, Fitness, and Safety
The Participant is responsible for informing Elite Diving Centre of any medical condition, injury, disability, pregnancy, medication use, panic history, respiratory issue, cardiovascular issue, ear problem, or other circumstance that may affect safe participation.
Elite Diving Centre may require:
- a health declaration,
- completion of a medical questionnaire,
- written medical approval,
- additional safety screening before participation.
Elite Diving Centre reserves the right to refuse, delay, restrict, or stop participation where staff reasonably believe that the activity may not be safe for the Participant or others.
Safety decisions made by instructors, dive leaders, captains, or authorized staff are final during operations.
6. Participant Responsibilities
The Participant agrees to:
- arrive at the designated meeting point on time,
- follow all written and verbal instructions,
- use equipment responsibly,
- behave respectfully toward staff, other participants, and marine life,
- comply with local rules, safety procedures, and operational requirements.
Elite Diving Centre may remove a Participant from an activity without refund, or with partial refund where appropriate, if the Participant behaves in a dangerous, abusive, intoxicated, reckless, or disruptive manner.
7. Prices, Payments, and Confirmation
Prices shown on the website, in digital communications, or in quotations may be updated at any time before final confirmation.
A booking may require:
- full payment,
- partial prepayment,
- deposit payment,
- or pay-on-arrival confirmation,
depending on the service.
A reservation may be treated as confirmed only after Elite Diving Centre has received the required payment or has otherwise issued clear written confirmation.
If payment is not completed within the stated period, Elite Diving Centre may cancel the pending reservation.
8. Changes, Cancellations, and No-Show
The Participant must notify Elite Diving Centre as soon as possible if they need to change or cancel a booking.
Elite Diving Centre may apply reasonable cancellation, rescheduling, or no-show rules depending on:
- how close the cancellation is to the activity date,
- whether transport, staff, equipment, or boat capacity has already been arranged,
- whether the service is date-specific or operationally reserved.
Elite Diving Centre may cancel, delay, shorten, or reschedule an activity due to:
- weather conditions,
- sea conditions,
- safety risks,
- insufficient participant numbers,
- technical issues,
- force majeure,
- staff illness,
- government or port authority restrictions,
- or other circumstances beyond reasonable control.
In such cases, Elite Diving Centre may offer one of the following, depending on the situation:
- rescheduling,
- credit,
- partial refund,
- full refund of unused service elements.
Elite Diving Centre is not responsible for indirect costs such as hotel changes, lost time, transportation changes, or third-party expenses.
9. Right of Withdrawal and Consumer Information
Under Turkish consumer law, distance contracts generally require prior consumer information, and a 14-day withdrawal framework may apply in some cases. However, the exact application can differ depending on the type of service, timing, legal exceptions, and whether the service is connected to a specific date or period.
For this reason, where the booked service is a date-specific activity, scheduled excursion, diving course session, or operational reservation tied to a specific day or limited capacity, withdrawal, cancellation, or refund rights may be limited to the extent permitted by applicable law.
If needed, Elite Diving Centre will provide additional pre-contract information, booking details, and cancellation terms during the booking process.
10. Weather, Sea, and Operational Conditions
Marine and diving activities depend on conditions beyond complete human control. Elite Diving Centre may adjust:
- dive site,
- departure time,
- boat route,
- group structure,
- activity sequence,
- instructor assignment,
- or activity duration
when reasonably required for safety, comfort, logistics, or environmental reasons.
Such operational adjustments do not automatically constitute a breach of service.
11. Equipment and Personal Property
Where equipment is provided, the Participant agrees to use it carefully and return it in reasonable condition, allowing for normal use.
The Participant may be held responsible for loss or damage caused intentionally, negligently, or through misuse.
Participants are responsible for their own personal belongings. Elite Diving Centre is not responsible for loss, theft, water damage, or damage to personal items unless liability is required under applicable law.
12. Photos, Videos, and Media Use
During activities, photos or videos may sometimes be taken for memory, service, or promotional purposes.
Where applicable, Elite Diving Centre may use activity-related images on its website, social media, or promotional materials unless the Participant clearly requests otherwise in advance or where consent is legally required.
Participants may contact Elite Diving Centre if they want a specific image reviewed or removed where reasonably possible.
13. Limitation of Liability
To the maximum extent permitted by applicable law, Elite Diving Centre shall not be liable for:
- indirect or consequential loss,
- travel disruption beyond its control,
- force majeure events,
- delays caused by weather, authorities, or third parties,
- losses resulting from inaccurate participant information,
- refusal of participation for safety reasons.
Nothing in this Agreement excludes liability that cannot legally be excluded under applicable law, including mandatory consumer protections.
14. Digital Records and Communication
The Participant accepts that digital communications, electronic confirmations, online forms, invoices, payment records, and booking messages may be used as evidence of the booking relationship and service process.
Elite Diving Centre may store such records for operational, accounting, legal, customer service, and security purposes.
15. Privacy and Personal Data
Personal data shared during the booking or enquiry process will be handled in accordance with the Elite Diving Centre Privacy Policy.
By using the website and submitting personal information, the Participant acknowledges that certain data is necessary for booking administration, safety checks, customer communication, and service delivery.
16. Governing Law
This Agreement shall be governed by the laws of the Republic of Türkiye.
Any dispute arising from this Agreement shall be interpreted in accordance with applicable Turkish consumer and commercial rules, without prejudice to mandatory rights granted to consumers under applicable law. Turkish law regulates distance contracts and requires pre-contract information obligations for consumers.
17. Amendments
Elite Diving Centre may update this Agreement from time to time for legal, operational, or commercial reasons. The latest version published on the website will apply to new bookings and new digital confirmations from the effective date shown above.
18. Contact
For any questions about this Agreement, booking conditions, or digital participation procedures, please contact:
Elite Diving Centre
Email: info@elitedivingcentre.com
Phone / WhatsApp: 905303663111