General Terms and Conditions of how2dive

Last updated: August 2026

1. Provider and scope

  1. The provider and contracting party is:

    how2dive.com
    Proprietor: Dipl.-Ing. (FH) Stefan Teodorowski
    Brodmerkel-Str. 7
    86919 Utting am Ammersee
    Germany
    Telephone: +49 89 5505207-22
    Email: info@how2dive.com
    VAT ID: DE155084976

  2. These General Terms and Conditions apply to contracts between how2dive, hereinafter referred to as the “Provider”, and consumers concerning:
    • diving courses, specialty courses and certifications;
    • introductory diving experiences and guided dives;
    • diving excursions and other diving activities;
    • digital learning materials and e-learning;
    • the rental of diving equipment; and
    • the sale of goods and diving equipment.
  3. Separate travel or intermediary terms and conditions apply to package travel, linked travel arrangements and services expressly offered as travel intermediary services. These General Terms and Conditions apply to such services only additionally and to the extent that they do not conflict with mandatory travel law.
  4. Individual agreements and the specific service description contained in the booking confirmation take precedence over these General Terms and Conditions.

2. Conclusion of the contract

  1. The presentation of services and goods on the website does not constitute a binding contractual offer unless it is expressly identified as such.
  2. Customers may submit booking enquiries through the website, by email, by telephone, through a messaging service such as WhatsApp or in person.
  3. The contract is concluded when the Provider issues a booking confirmation in text form, sends a request for payment or begins providing the service with the agreement of the customer.
  4. For online bookings, the individual technical steps required to conclude the contract are set out in the respective booking process.
  5. The contractual language is German. An English translation may be provided for information purposes.

3. Prices and payment

  1. All prices are total prices and include statutory VAT where applicable.
  2. Any additional costs, particularly certification fees, e-learning fees, admission fees, rental equipment, cylinder fills, transport, accommodation or meals, will be communicated to the customer before the contract is concluded.
  3. The agreed fee is due on the date stated in the invoice or booking confirmation. If no payment date is specified, payment is due upon conclusion of the contract.
  4. The Provider may require an appropriate deposit. The amount and due date will be communicated to the customer before booking.
  5. If the customer defaults on payment, the statutory provisions apply.

4. Scope of services, training duration and training outcome

  1. The type and scope of the booked service are determined by the respective course description, registration form and booking confirmation.
  2. No particular certification or successful completion of an examination is guaranteed. Certification requires, in particular, full participation, achievement of the theoretical and practical learning objectives and fulfilment of the requirements of the respective training organisation.
  3. A training day has a maximum event duration of eight hours. This period includes organisational procedures, briefings, equipment preparation and aftercare as well as necessary breaks.
  4. The standard course price includes the following maximum training scope:
    • Open Water Diver (OWD): a maximum of five training days;
    • Advanced Open Water Diver (AOWD): a maximum of two training days;
    • Rescue Diver including Emergency First Response (EFR): a maximum of three training days;
    • ReActivate: one dive;
    • Discover Scuba Diving (DSD): one dive.
  5. For specialty courses, the included training scope is specified in the respective course description, registration form or booking confirmation.
  6. If a participant requires additional training days to achieve the training objectives beyond the agreed training scope, such days will only be provided following prior consultation and an express additional booking. Each additional training day costs EUR 100, including statutory VAT.
  7. Repeated sessions or replacement dates for which the Provider is responsible will not count towards the agreed maximum training scope and will not incur any additional charge.
  8. Reaching the agreed maximum training scope does not automatically result in certification. If the required training standards have not yet been met, the Provider and the participant will agree on how to proceed.
  9. The Provider may engage appropriately qualified self-employed diving instructors and other suitable service providers. The Provider remains the customer’s contracting party unless a third-party service is expressly and transparently offered solely as an intermediary service before the contract is concluded.

5. Participation requirements and participant obligations

  1. The participant must possess the swimming ability, prior knowledge, qualifications and meet the age requirements applicable to the booked service.
  2. Required evidence, particularly certifications, logbooks and, where applicable, declarations of consent from legal guardians, must be submitted in good time.
  3. Before participating in diving activities, the participant must complete the required medical questionnaire fully and truthfully.
  4. If the medical questionnaire or the requirements of the relevant training organisation indicate that a diving medical examination is necessary, an appropriate medical certificate must be submitted before participation.
  5. The participant must immediately inform the Provider of any change in health that may be relevant to safe participation.
  6. The participant must follow all safety instructions and requirements issued by diving instructors, guides, boat operators and local operators.
  7. Participation while under the influence of alcohol, drugs or medication that may impair fitness to dive is prohibited.
  8. If there are reasonable doubts concerning safe participation or if a participant fails to follow safety-related instructions, the Provider may exclude the participant from individual activities or from the remainder of the course. Any statutory reimbursement rights remain unaffected.
  9. The participant is responsible for arriving at the agreed meeting point on time.

6. Cancellation and withdrawal by the customer

  1. The customer may withdraw from a course or activity at any time before it begins by submitting a declaration in text form. The relevant time is the time at which the Provider receives the cancellation.
  2. If the cancellation is received no later than seven calendar days before the first agreed appointment, the Provider will refund payments already received, less the following amounts:
    • EUR 160 if personal access to the booked e-learning programme has already been assigned or activated;
    • EUR 100 for each training day already completed; and
    • the cost of other individually provided or non-cancellable third-party services, provided these costs were communicated to the customer before booking.
  3. If the cancellation is received fewer than seven calendar days before the first agreed appointment, or if the participant fails to attend without giving timely notice, the Provider may claim the following flat-rate compensation instead of calculating the specific loss:
    • EUR 160 for e-learning that has already been assigned or activated;
    • EUR 100 for each booked training day that can no longer reasonably be allocated to another customer at short notice;
    • no more than the agreed total price.
  4. The customer is expressly entitled to prove that the Provider suffered no loss or a substantially lower loss.
  5. The Provider remains entitled to prove that a higher loss was actually incurred.
  6. If the cancelled place can be allocated to another customer, the resulting proceeds will be offset against the cancellation charge after deduction of any additional costs actually incurred.
  7. If the participant promptly submits a medical certificate confirming that participation on the relevant date was medically impossible or inadvisable, no additional charge will be imposed for late cancellation or failure to attend.
  8. E-learning that has already been activated and services that have already been provided remain payable even if a medical certificate is submitted. Wherever possible, the Provider and the participant will agree on a replacement date.
  9. Statutory rights of withdrawal, termination and cancellation remain unaffected.

7. Individual appointments, excursions and guided dives

  1. The cancellation conditions specified in the booking confirmation apply to individual diving appointments, excursions and guided dives.
  2. If no more specific conditions have been agreed, Section 6 applies accordingly. In this case, the first course date is replaced by the start of the booked activity.
  3. The participant is only entitled to dive at a particular dive site if that site was expressly agreed and its use remains safe and legally permissible.
  4. The decision as to whether a dive can safely take place depends in particular on the weather, water conditions, visibility, official requirements, participant qualifications and the assessment of the responsible diving instructor or guide.

8. Cancellation or changes by the Provider

  1. The Provider may change, postpone or cancel appointments for safety-related reasons, particularly due to:
    • unsuitable weather or water conditions;
    • official requirements;
    • illness or unavailability of the diving instructor;
    • technical problems;
    • failure or unavailability of required equipment; or
    • the failure or unavailability of a necessary service provider.
  2. Where reasonable, the Provider will offer an equivalent replacement date or service.
  3. If the service cannot be rescheduled within a reasonable period, or if the proposed replacement date is unreasonable for the customer, payments attributable to the cancelled service will be refunded.
  4. E-learning that has already been properly provided and services that have already been performed will not be refunded.
  5. Any further statutory rights of the customer remain unaffected.

9. E-learning and digital content

  1. Access details for digital learning materials are intended solely for the registered participant and may not be disclosed to third parties.
  2. The scope of use, technical requirements and period of availability are determined by the respective offer and the conditions of the e-learning provider, such as PADI.
  3. The customer receives only the right of use required for personal participation in the course.
  4. Reproduction, public communication, commercial use or distribution of digital content is prohibited.
  5. If access to e-learning is to be activated immediately after the order, this will only take place in the case of a distance contract subject to a right of withdrawal after the customer has:
    • expressly consented to the Provider beginning performance before the end of the withdrawal period;
    • confirmed their understanding that, by giving this consent, they lose their right of withdrawal in respect of the digital content when performance begins; and
    • received the corresponding confirmation of the contract.
  6. The customer’s statutory rights regarding defective digital content remain unaffected.

10. Rental of diving equipment

  1. The rental equipment is provided to the customer for the agreed rental period and remains the property of the Provider.
  2. When receiving the equipment, the customer must check it for visible defects, completeness and correct sizing. Any identified defects must be reported to the Provider immediately.
  3. The equipment may only be used for its intended purpose, in accordance with any instructions given and by persons with sufficient qualifications.
  4. The rented equipment may not be passed on to a third party without the Provider’s prior consent.
  5. The customer must handle the rental equipment with care and return it completely and at the agreed time.
  6. The customer is liable for loss of or damage to the equipment in accordance with statutory provisions, provided the customer is responsible for the loss or damage. Normal wear resulting from proper contractual use will not be charged to the customer.
  7. In the event of late return, the agreed pro-rata rental fee may be charged for the period during which the equipment is withheld. Further losses may be claimed in accordance with statutory provisions.
  8. A deposit will only be required if agreed before the contract is concluded.

11. Sale of goods

  1. The principal characteristics and prices of goods are set out in the relevant product description.
  2. Goods remain the property of the Provider until payment has been made in full.
  3. In the case of goods delivered to a consumer, the risk of accidental loss or accidental deterioration passes to the consumer only when the goods are handed over to the consumer or to a recipient designated by the consumer.
  4. Statutory warranty rights apply to defects.
  5. For distance contracts concerning goods, the customer will receive separate withdrawal instructions and a model withdrawal form.

12. Liability

  1. The Provider’s liability is unlimited:
    • in cases of intent and gross negligence;
    • for loss resulting from injury to life, limb or health;
    • under the German Product Liability Act;
    • where a guarantee has been given; and
    • where liability is mandatory by law.
  2. In the event of a slightly negligent breach of a material contractual obligation, liability is limited to the loss typical for the contract and foreseeable when the contract was concluded.
  3. Material contractual obligations are obligations whose performance is essential to the proper fulfilment of the contract and on whose compliance the customer may ordinarily rely.
  4. Otherwise, liability for property damage and financial loss caused by slight negligence is excluded.
  5. These liability provisions also apply for the benefit of the Provider’s legal representatives, employees, self-employed diving instructors and other persons engaged by the Provider in performing the contract.
  6. Liability for injury to life, limb or health is not generally excluded.
  7. Participants must observe the general risks of diving of which they are aware and comply with all safety-related instructions.

13. Vouchers

  1. Vouchers may be redeemed for the services stated on the respective voucher.
  2. Vouchers do not accrue interest.
  3. Unless otherwise stated, the statutory limitation periods apply.
  4. If the voucher value is insufficient for the selected service, the customer must pay the difference.
  5. Cash payment of the voucher value is excluded unless the customer has a statutory right to such payment.
  6. Statutory rights arising from the valid withdrawal from a voucher purchase remain unaffected.

14. Minors

  1. Contracts concerning the participation of minors require the necessary consent of their legal guardians.
  2. Legal guardians must submit all required declarations, consent forms and medical documents in good time.
  3. The applicable age limits and standards of the relevant training organisation remain unaffected.

15. Set-off and rights of retention

  1. The customer may set off claims that are undisputed or have been finally determined by a court.
  2. The customer may exercise rights of retention to the extent that they arise from the same contractual relationship.

16. Consumer dispute resolution

The Provider is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration body.

17. Applicable law and governing version

  1. The law of the Federal Republic of Germany applies, excluding the United Nations Convention on Contracts for the International Sale of Goods.
  2. In relation to consumers, this choice of law applies only to the extent that it does not deprive the consumer of mandatory consumer protection provisions applicable in the country of the consumer’s habitual residence.
  3. No exclusive place of jurisdiction is agreed for consumers.
  4. This English version is provided for information purposes. In the event of discrepancies or differences in interpretation between the German and English versions, the German version shall prevail, to the extent legally permissible.