Terms of Use

1.1The Diving Scanner website and associated services (the “Platform”) are operated by Aperioristes Technologies Ltd, a private company limited by shares incorporated in the Republic of Cyprus under registration number HE 367279, VAT identification number CY10367279G, whose registered office is at Aristoteli Valaoriti 62, Livadia 7060, Larnaca, Cyprus(the “Operator”, “we”, “us”, “our”).

1.2In these terms: “you” means any person accessing or using the Platform; “Dive Centre” means an independent third-party business that lists diving services on the Platform and supplies those services; “Booking” means a reservation of diving services made with a Dive Centre through the Platform; and “Diving Services” means the diving and related activities supplied by a Dive Centre.

1.3By accessing or using the Platform you agree to be bound by these terms. If you do not accept them, you must not use the Platform.

2.1The Platform is an online venue on which Dive Centres present their Diving Services and through which those services may be searched, compared and reserved. The provision of that venue constitutes the entirety of the Operator’s service.

2.2The Operator is not a dive centre, dive operator, tour operator, travel agent, organiser of package travel or diving instructor. The Operator does not organise, supervise, staff, equip, conduct or otherwise participate in any dive.

2.3Where a Booking is made, the resulting contract for the Diving Services is concluded exclusively between you and the Dive Centre. The Operator is not a party to that contract, gives no warranty or undertaking on any Dive Centre’s behalf, and assumes no obligation arising under it. Responsibility for the Diving Services, including their safety, quality, lawfulness and conduct, rests solely with the Dive Centre.

2.4Use of the Platform is free of charge to divers. The Operator is remunerated by commission payable by the Dive Centre.

3.1All descriptions, images, prices, inclusions, schedules, dive sites, certification requirements, equipment particulars and availability are supplied and controlled by the relevant Dive Centre, which is responsible for ensuring that such information is accurate, lawful and current.

3.2The Operator exercises reasonable care in operating the Platform but does not verify information supplied by Dive Centres and gives no warranty as to its accuracy, completeness or currency. No listing constitutes a recommendation, endorsement or certification by the Operator, and the order in which listings are displayed is not an assessment of quality, competence or safety.

3.3Listings identified as “Sample” are illustrative examples of the listing format. They do not correspond to real businesses, constitute no offer capable of acceptance, and cannot be booked.

3.4The order in which listings appear in search results may be influenced by relevance to the search, location, availability, price, reviews, popularity and listing quality. Where a listing is sponsored or promoted, it will be identified as such where the law requires. The Operator does not warrant that search results are complete or suited to any particular diver.

4.1A Booking constitutes an offer to contract with the Dive Centre and is concluded only upon confirmation issued by the Operator or the Dive Centre. The Dive Centre’s own terms apply to the Diving Services in addition to these terms.

4.2A deposit of 10% of the price, representing the Operator’s commission, is payable online at the time of Booking. The balance is payable directly to the Dive Centre. Prices are stated inclusive of applicable taxes unless expressly stated otherwise.

4.3You warrant that all information submitted in connection with a Booking — including names, contact particulars, party composition, pickup location and declared qualifications — is accurate and complete. A Dive Centre may decline to supply the Diving Services where such information proves inaccurate.

4.4Personal data submitted in connection with a Booking is transmitted to the Dive Centre for the purpose of supplying the Diving Services, as described in the Privacy Notice.

4.5The Activity Terms, together with the requirements, inclusions and cancellation terms displayed for the relevant listing at the time of Booking, are incorporated into these terms in respect of that Booking.

5.1Each Dive Centre determines its own cancellation deadline, which is disclosed to you before payment. The cancellation and refund terms set out at Cancellations & Refunds are incorporated into these terms by reference.

5.2A Dive Centre may cancel, curtail or vary a dive at any time on grounds of safety, weather, sea state, logistics or operational necessity. Such determinations are made by the Dive Centre in its sole discretion and are final. The Operator exercises no control over them and, save for administering any refund due under clause 5.1, bears no liability in respect of them.

6.1You must be at least 16 years of age to register an account. You are responsible for maintaining the confidentiality of your credentials and for all activity conducted under your account.

6.2The Operator may suspend or terminate an account which is used in breach of these terms, unlawfully, or in a manner prejudicial to the Platform, a Dive Centre or another user. You may terminate your account at any time by written request to info@divingscanner.net.

6.3A Booking for a participant under 18 must be made or approved by a parent or legal guardian where the Dive Centre, the certifying agency or applicable law requires it. The parent or guardian confirms that they have authority to consent, that the information provided about the minor is accurate, that they understand the risks and participation requirements, and that they accept responsibility for the minor’s compliance with these terms and with the requirements stated for the Diving Services.

7.1You must not scrape, index, copy, reproduce, resell or systematically extract any part of the Platform or its content; interfere with its operation, integrity or security; circumvent any access restriction; misrepresent your identity; or use the Platform for any unlawful purpose.

7.2The Platform, its software, design, text and branding are owned by the Operator or its licensors; listing content is owned by the relevant Dive Centre. Nothing in these terms transfers any intellectual property right to you.

8.1Scuba diving and related activities are inherently hazardous and carry risks of serious personal injury and death which cannot be eliminated by any degree of care. By making a Booking you acknowledge those risks and accept them voluntarily.

8.2The Dive Centre is solely responsible for the safety, supervision, briefing, equipment, staffing and conduct of the Diving Services and for compliance with all applicable law and certifying-agency standards. Any duty of care in respect of the conduct of a dive is owed by the Dive Centre. The Operator owes no such duty and accepts no liability in that respect.

9.1You are solely responsible for ensuring that you are medically fit to dive. The Operator does not request, hold or evaluate any medical information. You should obtain a diving medical examination where appropriate and disclose all relevant conditions to the Dive Centre.

9.2Any qualification recorded on the Platform constitutes your own declaration. The Operator holds no certification documents, is unable to verify any qualification against a certifying agency’s register, and makes no representation that you are qualified to undertake any dive.

9.3The Dive Centre will inspect your physical certification and may refuse the Diving Services where it is absent, expired or inconsistent with your declaration. Any refund in such circumstances is governed by clause 5.1, and such refusal gives rise to no liability on the part of the Operator.

9.4Participation by divers under 18 is subject to the age, certification, depth and supervision framework set out in the Activity Terms. In every case the strictest requirement imposed by applicable law, the certifying agency, the insurer or the Dive Centre applies, and the Dive Centre determines whether a participant satisfies it.

10.1The Operator strongly recommends diving-specific travel insurance covering hyperbaric treatment and medical evacuation; see our insurance guidance. The Operator neither provides nor arranges insurance.

10.2Passports, visas, vaccinations, travel arrangements and observance of no-fly intervals following diving are your sole responsibility.

11.1Reviews may be submitted only in respect of Diving Services actually booked and completed by the submitting user. All content submitted must be your own, truthful and lawful.

11.2The Operator may decline, edit for length or remove any submitted content and does not undertake to publish it. You grant the Operator a non-exclusive, royalty-free, worldwide licence to use, reproduce and display such content on the Platform and in connection with its promotion.

12.1The Operator is responsible for providing the Platform with reasonable skill and care. The Operator is not responsible for the Diving Services.

12.2To the maximum extent permitted by applicable law, the Operator shall have no liability in respect of:

• the acts, omissions, negligence, competence, quality, safety, legality or solvency of any Dive Centre, or any failure to supply the Diving Services;
• any inaccuracy, incompleteness or omission in information supplied by a Dive Centre;
• death, personal injury, illness, decompression illness, or loss of or damage to property arising out of or in connection with the Diving Services;
• cancellation, curtailment or variation of a dive on safety, weather or operational grounds;
• indirect or consequential loss, loss of profit, loss of opportunity, loss of enjoyment, wasted expenditure, or the cost of substitute services, travel or accommodation;
• any event beyond the Operator’s reasonable control, including adverse weather or sea conditions, natural events, industrial action, epidemic, civil unrest, and failure of communications networks or third-party services; or
• interruption, unavailability, error, or loss of data on the Platform.

12.3Where liability is nonetheless established, the Operator’s aggregate liability in respect of all claims connected with a Booking shall not exceed the sums actually paid by you to the Operator in respect of that Booking, and in any other case shall not exceed EUR 100.

12.4Nothing in these terms excludes or limits liability for death or personal injury caused by the Operator’s own negligence, for fraud or fraudulent misrepresentation, or for any other liability which cannot lawfully be excluded or limited. Nothing in these terms affects your mandatory rights as a consumer under the law of your country of residence. If any provision of this clause is held unenforceable, the remaining provisions continue in full force.

13.1Any complaint concerning the Diving Services should be raised directly with the Dive Centre, which supplied them. You may also notify the Operator at info@divingscanner.net, and the Operator will forward the complaint and provide such reasonable assistance as it can.

13.2For the avoidance of doubt, the provision of such assistance does not render the Operator a party to the dispute, does not create any cause of action against the Operator, and imposes no obligation to mediate, adjudicate or compensate.

13.3Consumers who have contracted online may also use the European Commission’s Online Dispute Resolution platform.

14.1The Operator may amend these terms from time to time. The version in force is that published on the Platform at the time of your use or of the relevant Booking. Where an amendment materially affects your rights, notice will be given.

14.2Your agreement with the Operator comprises these terms, the Activity Terms, the Cancellations & Refunds policy, the Privacy Notice and the confirmation issued for a Booking. If they conflict, the order of precedence is: mandatory applicable law; the Booking confirmation; the Activity Terms and cancellation terms displayed for the listing; these terms; and other information on the Platform.

15.1These terms, and any non-contractual obligations arising out of or in connection with them, are governed by the law of the Republic of Cyprus, and the courts of the Republic of Cyprus shall have jurisdiction.

15.2Where you are a consumer resident in the European Union, clause 15.1 does not deprive you of the protection afforded by the mandatory provisions of the law of your country of residence, and you may bring proceedings before the courts of that country.

16.1Notices to the Operator should be sent to info@divingscanner.net or to Aperioristes Technologies Ltd, Aristoteli Valaoriti 62, Livadia 7060, Larnaca, Cyprus, or submitted via the contact form. The processing of personal data is governed by the Privacy Notice.