GENERAL TERMS AND CONDITIONS

LAST UPDATE: 22nd December 2025

The purpose of these general terms and conditions (hereinafter, the “Terms and Conditions”) is to expressly regulate the terms, conditions, and procedures applicable to all contracts for the various products and/or services offered by Brothers Diving SCP (the “Services”) on https://brothersdiving.com (hereinafter, the “Website”).

1. IDENTIFICATION OF THE WEBSITE OWNER AND RESPONSIBLE ENTITY

In compliance with the information duty set forth in Law 34/2002 on Information Society Services and Electronic Commerce (“LSSI-CE”) of July 11, the following general information regarding this Website is provided:

Responsible Entity: Brothers Diving SCP
Tax ID (CIF): J13696935
Address: Calle las Dalias 12, 35109 San Agustin, Las Palmas
Email: contact@brothersdiving.com
Phone: (+34) 681161661
Activity: Scuba diving services, including courses, guided dives, try-dives, and sale of diving-related products and e-learning materials.

2. ABOUT THE SERVICES

2.1 Products and Services Offered

Brothers Diving SCP offers the following Services through the Website:

Diving courses, including Open Water, Advanced, and specialty courses.
Guided dives and try-dives.
E-learning materials required for diving courses.
Sale of diving-related products.

All services are provided in English, Spanish and Italian.

2.2 Specific Terms for Services

Each Service is subject to express terms, conditions, and procedures made available to the Client prior to contracting through the Website.

2.3 Pricing of Services

Brothers Diving SCP reserves the right to modify the pricing of any Service at any time without prior notice. Prices displayed at the time of booking are final, and Clients are not entitled to retroactive refunds, promotions, or discounts due to subsequent price changes.

2.4 Taxes Associated with the Services

In accordance with Law 37/1992 of December 28, regulating the General Taxe in Canary Islands (Impuesto General Indirecto Canario – IGIC) and European Directive 2008/8/EC, the purchase of some Services may be exempt from or not subject to IGIC depending on the buyer’s country of residence and whether they are acting as a professional or an individual.

All prices on the Website include Spanish IGIC. However, the final order price may vary depending on the applicable IGIC rate based on the destination country of the Service.

3. CONTRACTING SERVICES

3.1 Contracting Process

The contracting process (the “Contracting Process”) for any Services shall be carried out between the individual wishing to contract the Service (the “Client”) and Brothers Diving SCP. The Client is any natural person who registers and successfully completes payment for a Service. Each Service may have specific additional terms.

3.2 Payment Methods

Payment for Services is accepted via:

Online payment gateway (credit/debit card, Bizum, etc.)
Bank transfer (if indicated in the Service description)

4. DELIVERY AND SHIPPING CONDITIONS

4.1 On-Site Services (No Physical Delivery)

The primary Services offered by Brothers Diving SCP consist of on-site diving activities, including but not limited to diving courses, guided dives, and try-dives. These Services are provided exclusively in person at the diving location and therefore are not subject to physical delivery or shipping.

Completion of the Contracting Process for such Services shall be deemed fulfillment of delivery obligations, subject to the Client’s attendance and compliance with the applicable terms.

4.2 E-Learning Course Assignment

For diving courses that include e-learning materials, delivery shall be considered completed once the digital course is assigned to the Client’s personal account created with the affiliated scuba diving training agency responsible for the certification (e.g., SSI, PADI or equivalent).

Access credentials will be provided directly to the Client, and the e-learning content shall be available exclusively for personal use. Once the e-learning course has been assigned, delivery shall be deemed completed and the corresponding fee shall be non-refundable, in accordance with the Refund and Cancellation Policy.

4.3 Physical Products

Brothers Diving SCP may offer physical products for sale through the Website. When applicable, such products can be either collected directly to the shop at no additional cost, or shall shipped to the address provided by the Client during the Contracting Process.

Shipping costs are not included in the product price and shall be calculated and displayed separately prior to order confirmation. The Client shall bear all shipping costs unless otherwise expressly stated.

Delivery times are indicative and may vary depending on product availability, destination, and courier services. Brothers Diving SCP shall not be held liable for delays attributable to third-party carriers.

4.4 Risk and Responsibility

Risk of loss or damage to physical products shall pass to the Client upon delivery to the shipping address indicated during purchase. The Client is responsible for ensuring that the delivery address provided is accurate and complete.

4.5 International Shipping

Where applicable, international shipments may be subject to customs duties, taxes, or import charges, which shall be borne exclusively by the Client. Brothers Diving SCP shall not be responsible for delays or additional costs arising from customs procedures.

5. PROHIBITION OF SHARED LICENSES

Sharing e-learning or digital access credentials with multiple individuals to reduce costs is strictly prohibited. All licenses for courses and digital content are personal and non-transferable. Brothers Diving SCP reserves the right to take legal action in case of violations.

6. REFUND AND CANCELLATION POLICY

This Refund and Cancellation Policy (“Policy”) governs the conditions under which refunds, cancellations, and returns may be requested for services and products purchased through the Brothers Diving SCP website (“Website”). By completing a booking or purchase, the Client agrees to the terms set forth herein.

6.1 Scope of Application

This Policy applies to all diving services, including courses, try-dives, and guided dives, as well as e-learning materials associated with diving courses and any current or future physical products offered through the Website.

6.2 Service Bookings

The Client may cancel a booking up to 24 hours prior to the scheduled activity and obtain a full refund, except for non-refundable e-learning fees. Cancellations made within 24 hours of the activity or failure to attend (“no-show”) are not eligible for a refund. Refunds will be issued solely to the original payment method.

Rescheduling requests must be submitted at least 24 hours in advance and are subject to availability. Requests submitted within 24 hours may be refused at the discretion of Brothers Diving SCP. Brothers Diving SCP may also cancel or postpone activities due to adverse weather, unsafe conditions, or operational circumstances. In such cases, Clients will be offered a new date or a full refund, excluding non-refundable e-learning fees.

6.3 E-Learning Course Materials

Some courses require the purchase of e-learning materials. Once the e-learning course has been assigned or activated, the related fee becomes strictly non-refundable, regardless of whether the Client has accessed, begun, or completed the online training. While the e-learning portion is non-refundable, the practical sessions may be rescheduled according to the terms above. E-learning access is personal and non-transferable.

6.4 Online Payments

Certain services may require full or partial payment online at the time of booking. A booking shall be considered confirmed only upon successful receipt of payment.

6.5 Right of Withdrawal

Clients have the right to withdraw and request a refund within 14 days from payment (the “Withdrawal Period”).

The statutory right of withdrawal under consumer law is without prejudice to the operational cancellation conditions applicable to scheduled diving activities, which are regulated in this Policy.

Exceptions:

E-learning materials are non-refundable once assigned or activated.
Services already provided (completed courses, dives, or consultations).

Refunds may be partial or full depending on the Service and whether exclusions apply, as outlined in this Policy.

Any personal data processed in relation to refunds shall be handled in accordance with the Privacy Policy.

6.6 Amendments

Brothers Diving SCP reserves the right to amend or update this Policy at any time. Any revised version will be effective immediately upon publication on the Website. Clients are encouraged to review this Policy periodically.

6.7 Contact Information

For inquiries regarding refunds, cancellations, or returns, please contact:

Brothers Diving SCP
Email: contact@brothersdiving.com
Phone: (+34) 681161661
Address: Calle las Dalias 12, 35100 San Agustin, Las Palmas

7. LIMITATION OF LIABILITY

We make every effort to ensure the accuracy of the information on this website. However, we do not guarantee that the content is always accurate, complete, or up-to-date. Brothers Diving SCP is not responsible for any damages arising from the use of this website, including direct or indirect losses.

Brothers Diving SCP cannot guarantee uninterrupted availability of the Website or Services. External factors, force majeure, cyberattacks, or telecommunications failures may cause delays or interruptions.

8. PRIVACY AND DATA PROTECTION

Clients’ personal and sensitive information is processed in accordance with the EU GDPR and Spanish data protection laws. Data will only be used for Service delivery, communication, and promotions if the Client consents. Clients may exercise their rights to access, rectify, or delete personal data as outlined in the Privacy Policy, by sending an email to contact@brothersdiving.com.

9. CHANGES TO TERMS AND CONDITIONS

Brothers Diving SCP reserves the right to update or modify these Terms and Conditions at any time. Updated Terms will be published on the Website and communicated to Clients if applicable.

10. TERMINATION OF RELATIONSHIP

The relationship between Brothers Diving SCP and the Client may be terminated:

By mutual agreement.
By Brothers Diving SCP if the Client violates Terms, provides false information, or bypasses Website security.
By the Client if Brothers Diving SCP fails to provide Services as agreed and does not rectify the issue.

11. APPLICABLE LAW AND JURISDICTION

This Agreement is governed by Spanish law. Any dispute, controversy, or conflict arising between the Parties regarding the interpretation, validity, or execution of this Agreement, or any other matter related to it, shall be submitted to the courts and tribunals of the municipality of San Bartolomé de Tirajana, with express waiver of any other jurisdiction.