Example — Dive School General Terms (towards end customers)

Business: «dive school name», «address», Chamber of Commerce (KvK) «number», «e-mail» (“the dive school”, “we”).
Version: «1.0» — «date».

Article 1 — Definitions and applicability

1.1 These terms apply to all services and products of the dive school: courses and training, dives, rental of equipment, maintenance and inspection, sales, fill cards, punch cards and gift vouchers.

1.2 Customer: any person or business that enters into an agreement with the dive school.

1.3 Deviations apply only if agreed in writing.

Article 2 — Formation, including online

2.1 An agreement is formed when the dive school confirms a reservation, enrolment or order. An enrolment via the website is a request; the agreement is only formed once the dive school confirms it.

2.2 The customer provides correct and complete data and, where necessary, ensures a valid identity document, certification card and medical statement.

2.3 Right of withdrawal (consumers). If a consumer concludes the agreement at a distance — via the website, by e-mail or by telephone — he or she may dissolve it without giving reasons within 14 days of the confirmation by the dive school.

2.4 This right of withdrawal does not apply to services related to leisure activities that are performed on a specific date or within a specific period (Article 6:230p of the Dutch Civil Code), such as a course, dive, trip or rental with a fixed date. The cancellation rules of Article 6.4 apply to these.

2.5 If a service has no fixed date (for example a course whose lesson dates are scheduled later) and the consumer wants the service to begin within the cooling-off period, the dive school asks the consumer to declare this expressly. If he or she then withdraws, he or she pays a proportionate amount for what has already been provided. Course materials and registrations with the training organisation that have already been provided at his or her request are not refunded «to be agreed with the lawyer».

2.6 The consumer withdraws by sending a message to «dive school e-mail address» or by using the model withdrawal form «annex». The dive school confirms receipt and refunds within 14 days, using the same means of payment.

Article 3 — Forms, digital signing and customer portal

3.1 For participation, the dive school asks the customer to complete and sign forms, such as a participant statement, a release of liability and a medical questionnaire of the training organisation. This can be done digitally, on a tablet or via a link sent by e-mail.

3.2 Between the customer and the dive school, a digital signature counts as a signature on paper. The dive school records when and from which device the form was signed and stores the signed form.

3.3 For a minor, a parent or guardian signs.

3.4 In the dive school's customer portal, the customer can view his or her own data, forms, course progress, service reports and rental receipts. The customer logs in with a link received by e-mail and keeps that link to himself or herself.

Article 4 — Health and medical statement

4.1 Diving places demands on health. The customer completes the medical questionnaire truthfully and reports changes in his or her health before every dive or lesson.

4.2 If the questionnaire gives cause to do so, the customer only participates after clearance by a physician.

4.3 The dive school processes this health data only to assess the customer's safety, with the customer's explicit consent, and gives access to it only to the instructors and employees who need it. «Legal basis and retention period to be confirmed with the lawyer — question J4.»

Article 5 — Rental of diving equipment

5.1 The customer rents the equipment for the agreed period and uses it with care and only for its intended purpose.

5.2 The dive school may ask for a deposit and a valid identity document. The dive school may take a photo of the identity document; the citizen service number (BSN) is masked in doing so. The photo is automatically deleted five working days after return, and no later than 90 days after issue.

5.3 The deposit is refunded after timely and undamaged return.

5.4 The equipment is returned clean and complete at the agreed time. In the event of late return, additional rent may be charged.

5.5 The customer is liable for damage, loss or theft during the rental period, at «current value / replacement value», except for normal wear and tear.

5.6 The customer checks the equipment upon receipt and reports defects immediately.

Article 6 — Courses and training

6.1 An enrolment is personal. The customer meets the admission requirements and the medical requirements (Article 4).

6.2 The dive school records progress per lesson. The customer can follow this in the customer portal and confirm per lesson that he or she has had it.

6.3 The dive school may reschedule or cancel a course in the event of too few participants or force majeure (such as weather and water conditions); amounts paid are then, at the dive school's option, set off or refunded.

6.4 Cancellation by the customer: free of charge up to «14» days before the start; thereafter «…%» is payable. Purchased course materials and paid certification or registration fees are not refunded.

6.5 After a certification has been obtained, the dive school passes the necessary data (such as name, date of birth and passport photo) to the training organisation that issues the certification card.

Article 7 — Safety and own risk

7.1 Diving involves risks. The customer participates at his or her own risk and follows the instructions and safety rules of the dive school and the instructor.

7.2 The dive school may refuse or exclude a participant in case of doubt about safety, suitability or behaviour, without any right to a refund.

Article 8 — Maintenance and inspection

8.1 When maintaining or inspecting the customer's equipment, the dive school works with care and in accordance with the manufacturer's specifications. The customer receives a service report.

8.2 The customer delivers the equipment in good time and provides correct information. The dive school is not liable for damage caused by hidden defects or incorrect information from the customer.

8.3 If the customer does not collect the equipment within «3» months of being notified that it is ready, the dive school may «charge storage costs / dispose of the equipment after a reminder». «To be worked out with the lawyer.»

Article 9 — Fill cards, punch cards and gift vouchers

9.1 A fill card or punch card entitles the holder to the number of fills or sessions stated on it, until the expiry date stated on it.

9.2 A gift voucher is valid until the stated date and cannot be exchanged for cash. «Validity period and residual value to be determined.»

9.3 The balance can be viewed at the dive school «and in the customer portal».

Article 10 — Prices and payment

10.1 Prices are in euros, inclusive of VAT, unless stated otherwise.

10.2 Payment is made «in advance / upon purchase / within 14 days of the invoice date». In the event of late payment, the dive school may charge the statutory interest and collection costs, within the statutory limits for consumers.

Article 11 — Liability

11.1 The liability of the dive school is limited to the invoice amount of the service concerned or the amount paid out by its insurer, except in the event of intent or deliberate recklessness and save mandatory law (including personal injury).

11.2 The dive school is not liable for indirect damage or for damage caused by the customer not following instructions or safety rules.

Article 12 — Personal data and messages

12.1 The dive school processes the customer's personal data in accordance with its privacy statement and uses the DiveOpsHub software for this, which processes the data as a processor on behalf of the dive school.

12.2 The customer receives messages by e-mail that relate to the service, such as confirmations, login links, rental receipts and service reports. The customer only receives a newsletter with his or her consent; unsubscribing is possible at any time.

Article 13 — Applicable law

13.1 These terms are governed by Dutch law. Disputes are submitted to the competent court, unless mandatory law provides otherwise.

Example template for dive schools; adapt to your own situation and have it legally reviewed.