CUSTOMER AGREEMENT – VECTIS DIVING SERVICES AND TRAINING LTD
Parties to the Agreement.
The parties to this agreement shall be Vectis Diving Services and Training Ltd (trading as Vectis Diving) and any Customer utilising the services of the Company.
1 Definitions:
B.S.A.C. (British Sub Aqua Club): The governing body for the sport of diving in the U.K. and to whom Vectis Diving Services and Training Ltd is affiliated for recreational diver training.
Vectis Diving : The Company and/ or any associated and/ or subsidiary organisations and/ or subcontractors.
The Customer: Any individual, group of individuals, company, members club or organisation of any type which utilises any services as provided by Vectis Diving Services and Training Ltd.
Services: Any agreed engagement as evidenced in writing between Vectis Diving Services and Training Ltd and the Customer.
Payment Terms: Any amount which Vectis Diving Services and Training Ltd invoices to the Customer.
Booking Form: Confirmation by the Customer of a desire to utilise the Services of Vectis Diving Services and Training Ltd.
2 Payment Terms.
2.1 The Expedition / Event Fee will be agreed with the Customer after an initial inquiry has been received and prior to completion of the Booking Form.
2.2 The Expedition / Event Fee comprises (a) a non refundable booking fee and (b) a balancing payment.
2.3 The Deposit will become payable immediately on completion of the booking form (and in any event, no later than 14 days from the date the booking form is submitted). The balancing payment will become payable 1 to 6 months in advance of the date at which time the Services are to be performed, depending on the nature of the expedition / event.
2.4 Payments are required to be made by a BACS/ or by an online transfer system. Details are available upon submitting a request to Vectis Expeditions Ltd
2.5 Any booking will not be completed until the deposit has been paid in full.
2.6 Should the deposit not be paid within 14 days of a booking form being completed, the booking request will be deemed to have expired and treated as no longer required.
2.7 A refund of the Deposit is only available in the following circumstances:
(a) where the booking is cancelled by Vectis Diving Services and Training Ltd in the circumstances as detailed within this Agreement.
(b) where the booking is cancelled by you within 14 days of the booking fee having been settled.
2.8 Interest shall accrue to Vectis Diving Services and Training Ltd on any sums outstanding for the period from the due date to the date of payment (i) in accordance with the Late Payment of Commercial Debts (Interest) Act 1998 (where applicable) or (ii) where the said Act is not applicable, at 4 per cent per annum above the base lending rate of the Bank of England. Notwithstanding any other provision within these terms, if the Customer fails to pay any payment due to Vectis Diving Services and Training Ltd., Vectis Diving Services and Training Ltd shall have the right to suspend the provision of any and all Services without penalty, until such time as payment is made in full.
3 Customer Warranties.
The following requirements apply in all instances:
3.1 Divers will follow the instructions as given to them by Vectis Diving Services and Training Ltd., approved dive supervisors, skippers and/ or instructors at all times. This will include any briefings and drills. Customers must pay attention at all times.
3.2 Any diver shall provide proof of their diving qualifications and medical condition prior to any dive. Vectis Diving Services and Training Ltd reserves the right to refuse any diver to participate in any dive, should it feel that the diver does not meet with Vectis Diving Services and Training Ltd. requirements. There will be no right of appeal in this regard and in such a circumstance the fee paid by the Customer will be forfeited.
3.3 Any diver feeling unwell must cease operations with immediate effect and advise Vectis Expeditions Ltd. of their condition.
3.4 Customers must provide details of their dive plan to the dive supervisor prior to a dive and then post dive details afterwards so that an accurate, and written dive log can be completed.
3.5 Any equipment used for diving operations must be suitable for the activities involved and in a good condition. Vectis Diving Services and Training Ltd. reserves the right to refuse any diver to take part in any activity, should it feel that the diver(s) equipment is either unsuitable or not in the required condition. There will be no right of appeal in this regard and in such a circumstance the fee paid by the Customer will not be subject to any reimbursement.
3.6 Divers must at all times dive within their own limitations and comfort zone and qualification status. Vectis Diving Services and Training Ltd reserves the right to suspend any dive, should it feel that a diver is in breach of this condition.
3.7 Divers must all all times operate within the B.S.A.C. safe diving procedures. Failure to so act will result in a suspension of diving activities. Vectis Diving Services and Training Ltd’s decision in this regard will be final with no right of appeal.
3.8 Customers must at all times raise queries relative to any health and safety concern relative to themselves or any other participant in a diving operation which they may possess immediately to Vectis Diving Services and Training Ltd.
3.9 Divers must at all time beware of hazards such as other vessels and divers. Divers should deploy delayed surface marker buoys or return to the surface up a shot line to minimise the risk of collision with a vessel. Should Vectis Diving Services and Training Ltd consider divers safety is at risk, it will cease operations with immediate effect.
3.10 Customers are required not to interfer with either other divers or their equipment at any time.
3.11 Customers are required to purchase personal accident insurance with unlimited medical expenses cover, should the dive occur outside the U.K., or should a foreign national be diving within U.K. territorial waters.
4 Company Procedures.
Vectis Diving Services and Training Ltd reserves the right to cancel or suspend any activities, should it feel any of the following would apply:
4.1 The weather conditions are unsuitable for diving operations Vectis Diving Services and Training Ltd decision in this respect will be final with no right of appeal. This would include but no be limited to sea conditions, swells, tidal surges and water temperature;
4.2 Any diver(s) acting in a dangerous manner which could result in injury to themselves and/ or other participants in the dive;
4.3 The conditions within the dive area result in hazards arising which would act to prevent safe operation of any diving activity. Vectis Diving Services and Training Ltd decision in this respect will be final with no right of appeal.
5 Liability.
5.1 Vectis Diving Services and Training Ltd liability in relation to the provision of the Services will be strictly in accordance with these terms and conditions, which details the entire agreement between Vectis Diving Services and Training Ltd and the Customer. Vectis Diving Services and Training Ltd shall have no separate liability to the Customer in tort, except where negligence can be proven against Vectis Diving Services and Training Ltd in respect of any personal injury or death of a Customer. The onus shall be on the Customer to prove fault of Vectis Diving Services and Training Ltd.
5.2 Vectis Diving Services and Training Ltd shall have no liability to any non-contracted third parties relative to the provision of the Services, and the Customer hereby agrees to indemnify Vectis Diving Services and Training Ltd and hold it harmless against all losses, damage and expenses incurred by Vectis Diving Services and Training Ltd in connection with any claims relative to the Services as provided.
5.3 Vectis Diving Services and Training Ltd will have no liability whatsoever to the Client for any loss, damage, delay or expense of whatsoever nature whether direct or indirect and howsoever arising unless the same is proved by the Customer to have resulted solely from the negligence, gross negligence or wilful default of Vectis Diving Services and Training Ltd., or any of its employees, or agents or sub-contractors.
5.4 Vectis Diving Services and Training Ltd. liability for any loss or damage whatsoever, whether direct or indirect, or howsoever arising from any errors, shall under no circumstances exceed in aggregate an amount equal to the fee paid by the Customer in respect of the Services as provided.
5.5 Save in relation to any claim notified in writing by the Customer to Vectis Diving Services and Training Ltd. within 12 months of the date of completion of the Services, Vectis Diving Services and Training Ltd shall be under no further liability whatsoever to the Customer beyond the expiry of the said 12 month period under this agreement or for any loss or damage howsoever arising, including any liability for breach of terms implied by statute.
5.6 Vectis Diving Services and Training Ltd shall have no responsibility for any equipment of whatsoever nature as utilised by the Customer. It is the duty of the Customer to insure their equipment. Neither shall Vectis Diving Services and Training Ltd be liable for any special or consequential damages that result from the provision of the Services, even if Vectis Diving Services and Training Ltd has been advised of the possibility of such damages.
5.7 Vectis Diving Services and Training Ltd takes all reasonable precautions to keep secure any confidential data it holds. However, Vectis Diving Services and Training Ltd shall have no liability to the Customer or otherwise for any unauthorised access to or loss of any confidential data which is beyond Vectis Diving Services and Training Ltd reasonable control or for any direct or indirect loss, damage, liability or expense of whatsoever nature which may occur as a result of any virus or breach of data security.
5.8 The Customer warrants that any equipment as supplied in respect of the Services, is fit for purpose and free of any defects. The Customer hereby agrees to indemnify and hold harmless Vectis Diving Services and Training Ltd for any failings of whatsoever nature relative to equipment in order to execute the Services unless provided by Vectis Diving Services and Training Ltd.
6 Force Majeure.
Vectis Diving Services and Training Ltd. shall, except as otherwise provided in these terms and conditions, not be responsible for any loss, delay or failure in performance of the Services arising from an act of God, act of war, seizure under legal process, quarantine restrictions, strikes, boycotts, lockouts, riots, civil commotions and arrest or restraint of leaders, rulers or people and any other associated circumstance.
7 Insurance.
Vectis Diving Services and Training Ltd maintains £3m. of liability cover. Customers are required to have valid liability insurance cover for a figure of not less than £10m. as per B.S.A.C. membership regulations. Failure to provide evidence in this regard, will result in the forfeiture of any booking without any compensation.
Customers must note that full diving B.S.A.C. membership includes third party liability insurance cover. Please see https://www.bsac.com/membership/member-insurance/ for details. The Customer must possess, where appropriate and as per clause 3.12, personal accident, travel, diving and equipment insurance.
Customers are responsible for insuring their own equipment. Vectis Diving Services and Training Ltd, will have no liability in this regard, unless negligence can be proven against Vectis Diving Services and Training Ltd.
8 Termination of Agreement.
Vectis Diving Services and Training Ltd. may, without prejudice to any other right it may have hereunder, terminate this Agreement forthwith by giving notice to the Customer:
i) Where circumstances reasonably beyond the control of Vectis Diving Services and Training Ltd. result in a failure or omission to carry out or observe any of the stipulations, conditions or obligations to be performed under the agreement.
ii) If the Customer shall commit any breach of the performance of the terms of this agreement.
iii) If either party is in breach of its obligations under the provision of the Services and fails to remedy the breach within 30 days (or such longer reasonable period as may be specified) of receiving a written notice to remedy the breach, then the provision of the Services can be terminated forthwith by the party not in default, without prejudice to the accrued rights of the parties.
9 Reservation of Rights.
Failure of either party at any time or from time to time, to enforce or demand the performance or adherence to any of the terms of this agreement, shall not constitute a waiver of any of that party’s rights under this agreement.
10 General Clauses.
If any clause, sub-clause or other part of this agreement is or becomes void or unenforceable it shall be deemed not to be or never to have been or formed a part of the agreement but the remaining provisions shall continue in full force and effect.
11 Law and Jurisdiction.
This agreement between the Customer and Vectis Diving Services and Training Ltd. shall be governed by and construed in accordance with the laws of England and Wales and any dispute(s) shall be subject to the exclusive jurisdiction of the English Courts. Nevertheless, Vectis Diving Services and Training Ltd. shall be entitled to seek any interim relief, arrest or secure property of the Customer or take steps to enforce any obligation or judgement against the Customer in any jurisdiction.
Vectis Diving Services and Training Ltd.
June 2026.