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Terms & conditions

Terms & Conditions

Effective May 13, 2026

Our Terms & Conditions has been updated. 

These Terms & Conditions govern all bookings, training courses, guided dives, discover scuba experiences, equipment rental, and other services provided by Calahonda Divers SL (“Diving With Nic”, “we”, “our”, or “us”).

By making a booking, participating in any activity, or completing our registration/check-in process, customers acknowledge that they have read, understood, and agreed to be legally bound by these Terms & Conditions.

Table of Contents

1. Business Information

Legal Entity: Calahonda Divers SL

Trading Name: Diving With Nic

Registered Address: Calle Córdoba de Calahonda 44, Mijas Costa, Málaga, Spain

CIF: B93628048

Telephone: +34 697 141 759

Email: info@divingwithnic.com

2. Governing Law

These Terms & Conditions shall be governed and interpreted in accordance with the laws of Spain and the applicable regulations of the Autonomous Community of Andalucía. Any disputes arising in connection with services provided by Diving With Nic shall be subject to the jurisdiction of the competent courts of Málaga, Spain, unless otherwise required by mandatory consumer protection legislation.

3. Bookings & Payments

3.1 A booking shall not be considered confirmed until a deposit has been received by Diving With Nic.

3.2 A non-refundable deposit equal to 50% of the total booking value is required to secure all reservations unless otherwise agreed in writing.

3.3 The remaining balance must be paid in full no later than the first day of the scheduled activity or course.

3.4 Prices quoted are in Euros (€) and include applicable taxes unless otherwise stated.

3.5 Diving With Nic reserves the right to cancel or refuse participation where payment has not been received in accordance with these Terms.

4. Cancellation & Refund Policy

4.1 Customer Cancellations

  • Cancellations made more than 7 days prior to the scheduled activity may, at the sole discretion of Diving With Nic, receive:

    • a transfer of deposit to an alternative date; or

    • partial refund arrangements where applicable.

  • Cancellations made within 7 days of the scheduled activity are non-refundable.

  • Failure to attend a scheduled activity, late arrival preventing participation, or voluntary withdrawal from an activity shall be treated as a cancellation and shall not be eligible for refund.

4.2 Rescheduling

Requests to reschedule due to illness, injury, travel disruption, or other force majeure circumstances may be considered on a case-by-case basis. Approval is entirely at the discretion of Diving With Nic.

4.3 Cancellations by Diving With Nic

Where Diving With Nic cancels an activity for any reason, including but not limited to weather, sea conditions, safety concerns, staffing issues, or operational requirements, customers shall be offered either:

  • a full refund; or

  • rebooking to an alternative date or activity.

5. Medical Fitness & Diving Requirement

5.1 All participants must complete a medical questionnaire prior to engaging in any in-water activity.

5.2 Participants must provide truthful, complete, and accurate medical information. Failure to disclose relevant medical conditions may result in refusal of participation without refund.

5.3 Diving With Nic reserves the right to require written medical clearance from a licensed physician prior to participation.

5.4 Certified divers must present proof of certification from a recognised training agency prior to participation in certified diving activities.

5.5 Divers who have not dived recently may be required to complete a refresher session at the discretion of Diving With Nic staff.

5.6 Diving With Nic reserves the absolute right to refuse participation where a participant is considered medically unfit, insufficiently skilled, unsafe, intoxicated, or otherwise unsuitable for diving activities.

6. Diving Insurance

6.1 All certified divers participating in non-training dives are required to hold valid dive accident insurance covering recreational scuba diving activities.

6.2 Customers may be required to provide proof of insurance prior to participation.

6.3 Failure to provide evidence of adequate insurance may result in refusal of participation without refund.

7. Training Courses & Certification

7.1 Diving With Nic operates as a PADI 5 Star Dive Centre and provides training exclusively through the PADI system.

7.2 Certification fees are included within quoted course prices unless otherwise stated.

7.3 Course completion and certification are subject to participants successfully meeting all required performance standards established by PADI.

7.4 Additional remedial training, confined water sessions, open water dives, or academic review sessions required due to incomplete performance standards shall incur additional charges.

7.5 No refunds shall be provided for incomplete courses, failed performance requirements, or voluntary withdrawal from training programmes.

8. Minors

8.1 Participants under the age of 18 must have consent from a parent or legal guardian.

8.2 Minimum participation ages are as follows:

  • Pool-based experiences: minimum age 8 years

  • Sea-based diving activities: minimum age 10 years

8.3 The parent or legal guardian accepts full responsibility for the conduct, supervision, medical disclosures, and participation of the minor.

9. Equipment Rental & Responsibility

9.1 Customers are fully responsible for all rented or loaned equipment provided by Diving With Nic for the duration of use.

9.2 Customers shall be liable for the full cost of repair or replacement arising from loss, theft, damage, misuse, negligence, or failure to return equipment.

9.3 Equipment must not be modified, disassembled, or used outside its intended recreational diving purpose.

10. Assumption of Risk & Limitation of Liability

10.1 Scuba diving and related water activities involve inherent risks, including but not limited to decompression sickness, embolism, drowning, marine life injury, slips, falls, equipment malfunction, and other risks which may result in serious injury or death.

10.2 Participants acknowledge and voluntarily accept all risks associated with scuba diving and related activities.

10.3 Diving With Nic, its directors, employees, contractors, instructors, divemasters, and affiliates shall not be liable for:

  • personal injury;

  • illness;

  • death;

  • property damage;

  • equipment loss; or

  • consequential financial loss

except where liability cannot legally be excluded under applicable law.

10.4 Customers are responsible for ensuring they comply with all instructor briefings, safety procedures, and applicable diving standards.

11. Photography & Media 

11.1 Photographs and videos may be taken during activities for operational, educational, and promotional purposes.

11.2 By participating in activities, customers consent to the use of such images by Diving With Nic on websites, social media platforms, advertising materials, and promotional publications.

11.3 Customers may withdraw consent for media usage at any time through the check-in process or by notifying Diving With Nic in writing.

12. Data Protection & Privacy  

12.1 Diving With Nic processes personal data in accordance with applicable Spanish data protection legislation and the European Union General Data Protection Regulation (GDPR).

12.2 Personal data may be collected and processed for:

  • booking administration;

  • training records;

  • safety management;

  • certification processing;

  • legal compliance; and

  • customer communication.

12.3 Full details regarding the collection, storage, and processing of personal data are contained within our separate Privacy Policy available at: Privacy Policy

13. Force Majeure 

Diving With Nic shall not be liable for failure or delay in performing obligations due to circumstances beyond reasonable control including, but not limited to:

  • severe weather;

  • sea conditions;

  • government restrictions;

  • natural disasters;

  • pandemics;

  • transportation disruption;

  • power failure; or

  • emergencies affecting operational safety.

14. Severability 

If any provision within these Terms & Conditions is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

15. Acceptance of Terms 

By making a booking, participating in activities, signing any registration documentation, or completing the online check-in process, customers confirm that they:

  • have read and understood these Terms & Conditions;

  • agree to be legally bound by them; and

  • participate voluntarily and at their own risk.