Terms & Conditions

Freedive Shetland – Atlantica

These Terms & Conditions apply to all courses, trips, foraging experiences, rentals, and related services provided by Freedive Shetland – Atlantica (“we”, “our”, “us”). By booking with us, you (“you”, “the client”) agree to the following:

1. Bookings & Payments

Full payment is required at the time of booking to secure your place.
Bookings are only confirmed once payment has been received.
Payments can be made by [bank transfer / card / online booking system].

2. Cancellations & Refunds

Cancellations by you up to 14 days before the activity – full refund.
Cancellations within 7 days – 50% refund.
Cancellations within 48 hours – no refund.
If we must cancel due to weather, safety, or unforeseen circumstances, you may reschedule or receive a full refund.

3. Safety & Responsibility

All activities are conducted in accordance with UK HSE diving safety standards.
You must follow the instructions of our instructors/guides at all times.
We reserve the right to refuse participation if we believe you are under the influence of alcohol, drugs, or unfit for the activity.
Freediving, snorkelling, spearfishing, and foraging in marine environments carry inherent risks. By booking, you accept these risks.

4. Medical & Fitness Requirements

You must disclose any relevant medical conditions (including respiratory, cardiovascular, neurological, or ear/sinus issues) before participating.
If unsure, please consult a doctor before booking.
You must confirm that you can swim at least 200m unaided for water-based activities.

5. Insurance

We hold professional liability and instructor insurance.
We strongly recommend that clients take out personal travel insurance that covers water sports, diving, and related activities.
For spearfishing, freediving, or foraging trips, participants are responsible for ensuring they have suitable cover.

6. Equipment Rental

Rented equipment (wetsuits, fins, masks, snorkels, floats, torches, weights, etc.) must be returned in good condition.
Any loss or damage beyond normal wear and tear will be charged at replacement value.
You are responsible for safe and proper use of rented equipment.

7. Foraging & Spearfishing Ethics

All foraging and spearfishing activities are conducted sustainably and in accordance with local laws and regulations.
Clients must respect catch limits, minimum sizes, and protected species.
We reserve the right to restrict or stop collection if sustainability or safety is at risk.

8. Photography & Media

We may take photos or videos during activities for promotional purposes.
If you do not wish to appear, please inform us in advance.

9. Liability Waiver

Participation is at your own risk.
We accept no responsibility for injury, loss, or damage to personal property unless caused by our proven negligence.
By booking, you acknowledge and accept the risks associated with marine activities.

10. Governing Law

These Terms & Conditions are governed by the laws of Scotland, United Kingdom. Any disputes will be subject to the exclusive jurisdiction of the Scottish courts.

11. Freedive Shetland FS – Legal Compliance Pack

This pack explains how Fre Freedive Shetland FS – Legal Compliance Pack

This pack explains how Freedive Shetland FS complies with UK law in relation to consumer protection, contracts,

data protection, and dispute resolution. It is designed to reassure regulators, grant funders, and clients that the

business operates safely, transparently, and within the law.

Consumer Rights and Protections

Clear Information – Customers will be given full and accurate details of the services before they book (e.g.

activity description, costs, risks, and cancellation rules).

Cancellation Rights – Under the Consumer Contracts Regulations 2013, the standard 14-day cancellation

period does not apply to services booked for a specific date (such as freediving courses, snorkelling trips, or

gear hire). By completing your booking, you agree to our Terms & Conditions and cancellation policy, which

require full payment at the time of booking. Refunds or changes are only available as outlined in our

policy. This will be made clear before booking.

Fair Trading – In line with the Consumer Protection from Unfair Trading Regulations 2008, all advertising and

information will be truthful, not misleading, and free of hidden costs.

Consumer Rights Act 2015 – Services must be carried out with reasonable skill and care, as described, and at a

fair price. If something goes wrong, the customer has the right to remedies such as a partial refund, re-scheduling,

or re-delivery of the service.

Consumer Protection Act 1987

As Freedive Shetland FS provides equipment rental (masks, wetsuits, floats, torches etc.), the Consumer

Protection Act 1987 applies.

Equipment must be safe and in good condition.
Customers will be instructed in correct use before rental.
Any faulty or unsafe item will be removed from service immediately.
Liability: if an injury occurs due to faulty equipment, Freedive Shetland FS could be held responsible — which is

why equipment checks and insurance are in place.

Data Protection & Privacy (UK GDPR)

Freedive Shetland FS collects limited personal data from clients (names, contact details, health declarations).

Because health information counts as sensitive personal data, we comply with the UK General Data Protection

Regulation (UK GDPR) and the Data Protection Act 2018.

Lawful Basis – Data is collected because it is necessary for safety, insurance, and contract fulfilment.
Storage – Records will be stored securely (password-protected or locked away) and only kept for as long as

required (e.g. for insurance or legal purposes).

Health Data – Customers complete a health questionnaire before taking part. This information is used solely to

ensure their safety.

Rights – Clients have the right to access their data, request corrections, or ask for deletion when legally possible.
Registration – Freedive Shetland FS will register with the Information Commissioner’s Office (ICO) as a data

controller, as required.

Contract Terms (T&Cs;)

Customers agree to terms and conditions at booking. These include:
Full payment at booking to confirm a place.
Cancellation policy – Clear rules about refunds (e.g. no refunds if cancelled within X days unless due to medical

or weather-related reasons).

Assumption of Risk – Customers acknowledge that freediving, snorkelling, and spearfishing carry inherent risks.
Equipment Responsibility – Rented gear must be returned in good condition. Damage/loss may incur charges.
Liability – Freedive Shetland FS holds public liability insurance, but participants are responsible for their own

health and ability to take part safely.

Alternative Dispute Resolution (ADR)

Freedive Shetland FS aims to resolve complaints quickly and fairly.

- Customers are encouraged to raise any issue directly, so it can be resolved informally, processed through my internal complaint handling procedure and remains unresolved.

- Freedive Shetland FS is not legally required to use ADR in every case but will consider it in good faith.

Insurance & Liability Cover

Freedive Shetland FS will maintain appropriate insurance policies, including:
Public Liability Insurance – to cover claims from clients or third parties.
Professional Indemnity Insurance – to cover instruction and guiding activities.
Equipment Insurance – for loss, theft, or damage to rental gear.

Summary for Clients (Plain Language)

When you book with Freedive Shetland FS, you can trust that:
Your rights are protected under UK consumer law.
Your personal and health data will be kept safe and only used for safety and legal purposes.
Our equipment and services will be delivered professionally and responsibly.
If something goes wrong, you have clear options for refunds, rescheduling, or independent dispute resolution.