Terms and Conditions

Last Updated: January 2025

1. Definitions and Interpretation

In these Terms and Conditions, unless the context otherwise requires:

• "Company," "We," "Us," "Our" refers to Helavu, located at 35 Elm Park Road, London, SW3 6AE.
• "Customer," "You," "Your" refers to the individual or entity renting scuba diving equipment from us.
• "Equipment" means all scuba diving gear, including but not limited to regulators, tanks, BCDs, wetsuits, masks, fins, and related accessories.
• "Rental Period" means the agreed duration for which Equipment is rented.
• "Services" refers to the rental of scuba diving equipment and related services provided by the Company.

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2. Eligibility and Requirements

2.1 Age and Certification

To rent scuba diving equipment from Helavu, you must:

• Be at least 18 years of age or have parental/guardian consent if under 18
• Hold a valid scuba diving certification from a recognized certification agency (PADI, SSI, NAUI, or equivalent)
• Provide proof of certification upon request
• Complete and sign our liability waiver and medical questionnaire

2.2 Medical Fitness

You declare that you are medically fit to participate in scuba diving activities. If you have any medical conditions that may affect your ability to dive safely, you must provide a medical clearance from a qualified physician before renting equipment.

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3. Rental Terms

3.1 Booking and Reservation

Equipment reservations can be made through our website, by phone at +44 20 7835 1924, or by email at [email protected]. All reservations are subject to equipment availability. We recommend booking in advance, especially during peak seasons.

3.2 Rental Period

The Rental Period begins when you collect the Equipment and ends when you return it to our facility. Equipment must be returned by the agreed time on the final day of rental. Late returns may incur additional charges at our standard daily rate, calculated hourly after the first hour.

3.3 Payment Terms

• Full payment is required at the time of Equipment collection unless otherwise agreed in writing
• We accept major credit cards, debit cards, and bank transfers
• A security deposit may be required, which will be refunded upon satisfactory return of Equipment
• All prices are in British Pounds (GBP) and include VAT where applicable

3.4 Cancellation Policy

Cancellations made more than 48 hours before the scheduled rental start time will receive a full refund. Cancellations made within 48 hours may be subject to a cancellation fee of 50% of the rental cost. No-shows will be charged the full rental amount.

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4. Equipment Use and Care

4.1 Proper Use

You agree to:

• Use the Equipment only for its intended purpose and in accordance with safe diving practices
• Inspect the Equipment before each use and report any defects immediately
• Not modify, repair, or alter the Equipment in any way
• Not sublet, lend, or transfer the Equipment to any third party
• Use the Equipment within the limits of your certification level

4.2 Equipment Condition

All Equipment is provided in good working condition. You are responsible for returning the Equipment in the same condition, allowing for normal wear and tear. Equipment should be rinsed with fresh water after each use and returned clean and dry.

4.3 Loss or Damage

You are fully responsible for any loss, theft, or damage to the Equipment during the Rental Period. You will be charged the full replacement cost for lost or stolen Equipment, and repair costs for damaged Equipment. We strongly recommend obtaining appropriate insurance coverage.

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5. Liability and Insurance

5.1 Assumption of Risk

You acknowledge that scuba diving is an inherently risky activity that may result in serious injury or death. By renting Equipment from us, you voluntarily assume all risks associated with scuba diving activities.

5.2 Limitation of Liability

To the fullest extent permitted by law, Helavu shall not be liable for any personal injury, death, property damage, or other losses arising from your use of the Equipment or participation in diving activities. Our liability is limited to the rental fees paid for the Equipment.

5.3 Indemnification

You agree to indemnify, defend, and hold harmless Helavu, its directors, employees, and agents from any claims, damages, losses, or expenses arising from your use of the Equipment or breach of these Terms and Conditions.

5.4 Insurance Requirements

We strongly recommend that you maintain adequate dive insurance, including coverage for equipment damage, personal injury, and emergency medical evacuation. Proof of insurance may be required for certain equipment rentals.

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6. Safety and Compliance

You agree to:

1. Follow all applicable laws, regulations, and safety guidelines related to scuba diving
2. Dive within the limits of your training and experience
3. Never dive alone; always use the buddy system
4. Conduct proper dive planning and safety checks before each dive
5. Report any equipment malfunctions or safety concerns immediately
6. Not dive under the influence of alcohol or drugs

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7. Intellectual Property

All content on our website, including text, graphics, logos, images, and software, is the property of Helavu and is protected by intellectual property laws. You may not reproduce, distribute, or create derivative works from our content without express written permission.

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8. Privacy and Data Protection

We collect and process personal information in accordance with applicable data protection laws. Your personal information will be used solely for the purpose of providing our Services and will not be shared with third parties except as required by law. Please refer to our Privacy Policy for detailed information about how we handle your data.

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9. Modifications to Terms

We reserve the right to modify these Terms and Conditions at any time. Changes will be effective immediately upon posting to our website. Your continued use of our Services after changes are posted constitutes acceptance of the modified terms. We encourage you to review these Terms and Conditions periodically.

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10. Termination

We reserve the right to terminate or refuse service to anyone at our sole discretion, including but not limited to situations where we believe equipment is being misused, safety is compromised, or these Terms and Conditions are violated. Upon termination, you must immediately return all Equipment.

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11. Governing Law and Dispute Resolution

These Terms and Conditions shall be governed by and construed in accordance with the laws of England and Wales. Any disputes arising from these terms or your use of our Services shall be subject to the exclusive jurisdiction of the courts of England and Wales.

Before initiating any legal proceedings, parties agree to attempt to resolve disputes through good faith negotiation. If negotiation fails, mediation may be pursued before resorting to litigation.

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12. Severability

If any provision of these Terms and Conditions is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.

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13. Entire Agreement

These Terms and Conditions, together with our Privacy Policy and any rental agreement you sign, constitute the entire agreement between you and Helavu regarding the rental of scuba diving equipment and supersede all prior agreements, understandings, and representations.

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14. Force Majeure

Neither party shall be liable for any failure or delay in performance due to circumstances beyond their reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labor disputes, or government restrictions. In such cases, the affected party shall notify the other party promptly and make reasonable efforts to minimize the impact.