The service provider is the company BENTHOS d.o.o. (Diving Center BENTHOS), with headquarters in Veli Lošinj, Rovenska 54, OIB: 26945712168 (hereinafter: Agency). The agency deals with the provision of services in diving tourism for its own account, respecting all obligations according to the laws of the Republic of Croatia and the norms of the diving association Professional Scuba School.
Services in diving tourism that the Agency provides are:
The user of the service (hereinafter: Guest) is any person or company who chooses a service from the offer, confirms the reservation by paying an advance payment or the entire amount, and fully accepts these Terms and conditions. In this way, everything stated in these Terms and Conditions becomes a legal obligation for the Guest and the Agency.
Inquiries and reservations are received via websites, e-mail, text messages, via social networks, by phone call or in person at the Agency’s premises. Before using the Agency’s services, the Guest will be directed to fill out an online form, or register on the guest list, with the minimum necessary information: first and last name, contact, diving category, and the period in which he / she wishes to receive information about the services. The agency undertakes to protect the privacy of the Guest and the confidentiality of personal data is guaranteed. We keep personal data for business purposes and do not transfer them to third parties. At the end of the calendar year, the guest data and complete guest list is deleted.
As a standard, the Agency provides diving services throughout the year. The period of the active diving season is the period from 1.6. – 1.11. during which activities are carried out in the morning (10:00 – 12:00) and afternoon (16:00 – 18:00). Depending on the selected service, the Agency may set another date in agreement with the Guest. Upon receiving the request, the Agency checks the availability of the service in accordance with the weather conditions and the desired date, and confirms the same or offers to change the date. Outside the diving season, the Agency provides services only with prior notice
If the Guest agrees with the offer, he confirms the reservation to the Agency no later than 4 hours before using the service. In order for the reservation to be considered confirmed, the Guest must pay a 50% advance, or a minimum of 40 € for the selected service after viewing the current price list. If the Guest confirms the reservation within 2 days of using the service, he is obliged to pay 100% of the service amount. For group reservations or private appointments, the minimum advance payment is 100 €. The Agency may deviate from these rules in the case of “last minute” reservations and special offers.
The prices of the services represent the amount per person, that is, the price of the service for the minimum or maximum number of people, as indicated in the price list of services. In addition to individual services, it is possible to order additional services for which the Guest pays additionally, unless they are part of the arrangement or package of services. The Agency’s services are charged in € (Euro), and it is possible to pay in cash, payment to a transaction account, credit cards and via PayPal.
The Agency reserves the right at any time to change or cancel the reservation or the way of providing services due to circumstances beyond its control, and to inform the Guest about the change in a timely manner. In that case, a new appointment will be set, a replacement service will be offered or the entire amount paid will be refunded.
In the event that the Guest wishes to change or cancel the reservation he has paid for, he must do so in writing (by e-mail, WhatsApp, SMS). For cancellation of the reservation up to 7 days before the start of using the service, the amount paid will be returned to the Guest in full or another appointment will be offered, if the same was the reason for the cancellation. For cancellation within 7 days before the start of using the service, non-arrival, withdrawal or cancellation of the reserved and paid service, the advance payment or the paid amount is not returned. Exceptionally, the Agency can offer an alternative appointment. The reservation can be transferred to another person only for the reserved time of providing the service, with prior notice and on the condition that the other person meets the conditions and accepts the obligations for using the service. In the case of dives that were not realized due to your own decision or mistake (defective equipment, missing part of the equipment, change of mood, inability to equalize the pressure, etc.), you are not entitled to a refund.
The Agency’s duty is primarily to take care of the Guest’s safety, as well as to take care of the implementation of services to the satisfaction of the Guest, in accordance with good customs in tourism. The Agency is not responsible for personal belongings as well as technology (mobile phones, cameras, laptops, etc.) if they are lost, broken, stolen, dropped into water, etc. They are carried into the activity at their own risk. Likewise, the Agency is not responsible for injuries, accidents and deaths during the activity. Guests use all the Agency’s facilities at their own risk.
Arriving at the Agency on the day of using the service, the Guest is obliged to inform the activity leader / instructor if he does not feel, for any psycho-physical reason, capable of using the service. He is obliged to listen to the activity plan by the activity leader / Instructor, present the diving certificate, and read and sign the disclaimer. If he rents equipment, he is obliged to familiarize himself with it, check its correctness, and report any visible defects, damage or defective equipment to the activity leader / Instructor. While using the service, the Guest is obliged to follow the instructions of the manager/instructor so that the service is provided in a safe manner and to the satisfaction of the Guest.
It is the Guest’s responsibility to return the rented equipment in proper condition and without damage after performing the activity. In case of loss or damage to the equipment, it will be charged according to the price list displayed on the notice board of the Agency. In the event that the Guest causes damage to the vessel intentionally or unintentionally, the damage will be charged upon completion of the activity or subsequently through court proceedings.
Pursuant to Article 6, point 3 of the Act on the provision of services in tourism (Official Gazette 130/17), the user of tourist services is allowed to submit a written complaint at the Agency’s premises, by mail or to the email: info@benthosdivers.com, no later than 15 days after the consumption of the service.
The Agency will process only fully documented complaints that it receives within the specified period, and will confirm its receipt in writing without delay, and within 15 days after receiving the complaint, deliver a written solution to the complaint to the Guest. The organizer can postpone the deadline for resolving the complaint for a maximum of another 15 days due to the collection of information and verification of the allegations of the complaint.
In the event of any dispute or claim arising out of or in connection with the service provided, the parties shall first attempt to resolve the dispute or claim amicably. If a solution cannot be reached within 4 weeks, the parties can agree on the exclusive jurisdiction of the courts of the Republic of Croatia.