Terms and Conditions

Last updated: 15 October 2026

1. Provider

Diving & Adventure is a brand of Adventure Tours Mallorca S.L., C/ Can Calafat 48, Nave 60, Local 4, Polígono Son Oms, 07199 Palma, Spain, NIF B67682914, tourism register TA/121. Phone / WhatsApp: +34 619 980 242 (daily 9:00–18:00), email: info@divingandadventure.com. Hereinafter “we”.

2. Scope

2.1 These terms apply to all activities and services booked via divingandadventure.com or directly with us, in particular discover scuba diving, dives for certified divers, diving courses, snorkelling, guided buggy tours, kids buggy and the full-day buggy rental without a guide.
2.2 For individual activities, the special conditions in section 11 and the information in the activity description also apply. In the event of any conflict, the special conditions take precedence.

2.3 Before the start, we may request information and evidence required to carry out the activity, in particular regarding driving entitlement, the condition of the vehicle or the legally required medical fitness. The related participation requirements are communicated before booking. A signature on site does not extend a contract already concluded to include charges or liability waivers not previously agreed.

3. Booking and conclusion of contract

3.1 The presentation of activities on the website does not constitute a binding offer. By completing the booking, the customer makes a binding offer. The contract is concluded upon our booking confirmation by email.
3.2 Bookings made via divingandadventure.com, by phone, WhatsApp, email or at our ticket shop are concluded exclusively and directly with Adventure Tours Mallorca S.L.

3.3 For bookings made via partner platforms or travel agencies, we are the organiser of the activity. Payment, cancellation and refunds are then governed by the platform’s terms and handled through it. These terms apply to the activity on site.

3.4 The person making the booking ensures that all registered participants are aware of these terms and meet the participation requirements, in particular age, health and diving certification.

4. Prices and payment

4.1 All prices are final prices in euros including statutory VAT (IVA).
4.2 For online bookings, the full price must be paid in advance. Payment is made via the payment services offered (e.g. credit card via Stripe or, where offered, PayPal). The Open Water course is arranged and booked directly with us; payment is by bank transfer under the payment terms communicated before the contract is concluded (section 11.3).

4.3 If “payment on site” has been agreed at the time of booking, the price must be paid in cash or by card before the activity starts. Participation is not possible without full payment. In the event of a no-show or cancellation less than 24 hours in advance, the full price is due in this case too.

4.4 Optional extras (e.g. liability reduction for buggies (guided tours, see 11.6.4), rental equipment, learning materials) are paid on site before the start unless they were paid at the time of booking.

4.5 We do not charge a deposit for guided buggy tours. Section 11.9.4 applies to the full-day buggy rental without a guide.

5. No right of withdrawal

Under Art. 103 l) of the Spanish Consumer Protection Act (TRLGDCU), there is no right of withdrawal for leisure services provided on a specific date. Only the cancellation terms in section 6 apply.

6. Cancellation by the customer

6.1 Cancellations are free of charge if we receive them at least 24 hours before the start. Cancellation exactly 24 hours before the start is also free of charge. The price will be refunded in full. Different deadlines apply to diving courses (section 11.3); section 11.9.13 applies to the full-day buggy rental.
6.2 No refund is given for cancellations less than 24 hours before the start, for no-shows or for late arrival.

6.3 Cancellations must be made by email, WhatsApp or via the link in the booking confirmation. The time of receipt by us is decisive.

6.4 Rebooking to another date is possible subject to availability if requested from us at least 24 hours before the start.

7. Cancellation by us

7.1 If we cancel an activity, the customer may choose between an alternative date or a full refund of the price paid.
7.2 We may cancel an activity if a minimum number of participants stated in the description is not reached. The customer will be informed at least 24 hours before the start.

7.3 Whether further claims exist in addition to any refund of the activity price owed, in particular for travel, hotel or transport costs, is governed by the statutory provisions and section 12. No contractual refund guarantee going beyond this is given.

8. Weather and sea conditions

8.1 If the activity cannot be carried out safely due to weather, sea conditions, currents or visibility, we will cancel or reschedule it. The customer will receive an alternative date or a full refund.
8.2 The decision is made solely by the responsible dive instructor or guide on safety grounds, including at short notice on site. The decision may also be taken during the activity; if it is stopped after it has started, there is no entitlement to a refund unless we are responsible for the interruption.

8.3 Cloud or light rain is not a reason for free cancellation.

9. Changes and punctuality

9.1 We may change the dive or snorkelling site, route, meeting point or schedule if required for safety reasons, by the authorities, or due to weather, events or traffic. The character of the activity will be maintained.
9.2 Activities start on time. The meeting point and arrival time are stated in the booking confirmation: usually 30 minutes before at the ticket shop in El Arenal or 15 minutes before directly at the dive centre in Cabo Regana. Late arrivals cannot take part; section 6.2 applies.

10. Participation and safety

10.1 Participants must be physically fit for the booked activity. Health restrictions, pregnancy or the use of medication that affects reaction time must be disclosed before the start. Diving is not possible during pregnancy. In case of doubt, the dive instructor or guide decides on participation.
10.2 Minors may only take part with the consent of and accompanied by a parent or guardian or an adult authorised by them. For minors taking part in diving activities, our specific “Jugendtauchen” (youth diving) form is required. It must be completed in full and signed by the parent or guardian. This can be done on site, or the completed and signed form can be sent to us in advance; we must have it before the diving activity starts. Specific requirements for a parent or guardian to be present in person at other activities, particularly kids buggy, continue to apply.

10.3 Safety instructions from dive instructors and guides must be followed at all times. The protective equipment provided must be worn.

10.4 Alcohol and drugs: a zero-alcohol limit (0.0) applies to divers, snorkellers and drivers. Consuming alcohol or drugs before and during the activity is prohibited.

10.5 We may exclude participants from the activity or end it for them if

  • there is reasonable suspicion of alcohol or drug use,
  • safety instructions are disregarded or others are endangered,
  • the participation requirements (e.g. age, health, certification, driving licence, proof of insurance) are not met or false information has been given,
  • the participation agreement or the medical questionnaire is not signed.

If the participant is responsible for the reason for the exclusion, no refund is given; section 6.2 applies. In all other cases, the participant receives, at their choice, an alternative date or a refund of the part of the service not provided.

10.6 Dive insurance – mandatory participation requirement

Participation in our scuba diving activities requires valid dive accident and liability insurance cover that is sufficient for the booked activity in Spain. The cover must extend to the entire period of participation and to the respective type of diving.

Participants who already have suitable insurance cover must present us, before the start, with verifiable proof of the insurer, validity and insured activity. Equivalent insurance cover from other providers is accepted; no particular insurance brand is required.

Anyone who does not provide proof of sufficient insurance cover must take out suitable short-term cover before the start. This can be done through the insurance offer we provide on site. The offer is a day insurance from Scuba Medic at a price of €10 per diving day. The insurer, scope of cover, main exclusions and the additional price are made available before the binding booking of the diving activity. Participation is not possible without proof of sufficient cover.

If the required cover is already included in the price of a specific booked offer, this is expressly stated in its service description. We do not require additional cover for the same insurance need that is already covered.

The participant’s insurance does not replace our own statutory insurance obligations or our statutory liability. Statutory claims for refunds and damages remain unaffected.

11. Special conditions per activity

11.1 Discover scuba diving

  • Participation from 10 years. Children aged 10 to 12 inclusive only with a parent or guardian, or an adult supervisor authorised by them, in the water.
  • Participants must be able to swim.
  • Before diving, the medical questionnaire provided for the activity must be completed fully and truthfully. Its assessment instructions and any follow-up questions must be followed. Medical clearance is required if indicated by the assessment of the questionnaire or by the applicable safety requirements. The required medical certificate of fitness must be no older than 12 months and must be presented before the start. Participation is not possible without any required clearance. The price is refunded for cancellations at least 24 hours before the start; otherwise section 6 applies. Statutory rights remain unaffected.
  • Maximum depth and procedure follow the standards of the training organisation and the instructor’s decision.
  • Participants may not bring their own cameras (e.g. action cams or phones in underwater housings) on discover scuba dives. An optional photo/video package provided by our instructors can be booked for an additional charge. It is not included in the discover scuba diving price; its price and contents are communicated before booking the extra (section 13.1).
  • For discover scuba diving, the insurance cover required under section 10.6 is included in the price via the dive center; no separate proof of insurance is required.

11.2 Dives for certified divers

  • We only offer shore dives; no boat dives and no nitrox.
  • Before the first dive, a valid diving certification (card or digital card) and, where possible, the logbook must be presented. Dives are only carried out within the limits of the respective certification.
  • If the last dive was more than 12 months ago, a paid refresher dive is required beforehand.
  • Every diver completes the medical questionnaire before the first dive; section 11.1 applies accordingly.
  • Valid dive insurance cover is mandatory (section 10.6).

11.3 Diving courses

  • Courses are conducted according to the standards of the respective training organisation (e.g. PADI). A certification is only issued if the participant meets all performance requirements. There is no entitlement to certification.
  • Additional training sessions needed to meet the requirements will be charged according to the price list.
  • Open Water booking and payment: The course is arranged and booked directly with us. Payment is by bank transfer under the payment terms communicated before the contract is concluded. The total price, the separate eLearning price component and any other learning materials are specified before the binding booking. The medical questionnaire and participation requirements are made available before the binding booking.
  • Theory / eLearning: Access is activated after payment has been received. If access is to begin before an applicable statutory withdrawal period expires, we first obtain the customer's separate express consent to early provision and their acknowledgement that they lose their right of withdrawal for these digital contents when provision begins. This may be done, for example, by an express declaration by email. We confirm the declaration and the contract to the customer on a durable medium, such as email. A booking or bank transfer alone does not replace this declaration.
  • On cancellation by the customer, the separately stated eLearning component is non-refundable only if provision has begun and the right of withdrawal has validly expired under the conditions of Art. 103(m) TRLGDCU. Statutory rights, particularly in the event of defective digital content, remain unaffected. Physical learning materials are subject to the applicable statutory rules; merely handing them over does not automatically extinguish an existing right of withdrawal.
  • Cancellation of the practical part: In derogation from section 6, free cancellation is possible at least 14 days before the course starts. The course price paid will be refunded; the separately stated eLearning component is deducted only under the conditions stated above. No refund of the practical part is given for cancellations less than 14 days before the course starts or for no-shows. Statutory rights remain unaffected.
  • Medical reasons: The rule on required medical clearance in section 11.1 applies accordingly. If required clearance cannot be presented, participation is not possible. The cancellation rules of this section apply; no voucher is issued. Statutory rights remain unaffected.
  • If a course that has started is discontinued for reasons for which the participant is responsible (e.g. health, late arrival, departure), course parts already provided will not be refunded. The course can be continued within 12 months subject to availability.
  • If the course has to be interrupted due to weather or sea conditions, we will offer alternative dates. If this is not possible during the stay, we will refund the course parts not provided on a pro-rata basis or issue a referral for completion at another dive school.

11.4 Snorkelling

  • Participation from 8 years. Participants must be able to swim.
  • Children aged 8 to 13 inclusive only when accompanied by an adult in the water (section 10.2).

11.5 After diving

After a single dive, allow at least 12 hours before flying or travelling to high altitude; after multiple dives (including over several days), allow at least 18 hours. This also applies to a buggy tour into the mountains on the same day after diving.

11.6 Guided buggy tours

11.6.1 Nature of the service, drivers and passengers

The guided buggy tour is an accompanied activity and not a rental for free use. Drivers must be at least 18 years old for on-road tours and at least 21 years old for off-road tours, hold a category B driving licence valid in Spain for the vehicle, present it in the original or via a legally recognised official digital proof (e.g. the miDGT app) and be registered before the start of the drive. Photos and simple copies are not sufficient. A change of driver is only permitted between registered drivers, with the guide’s consent and while stationary; one change is planned during the tour.

Front passengers: from 12 years and 135 cm in height. Rear passengers in the four-seater buggy: from 4 years. Closed shoes are mandatory; flip-flops are not allowed.

11.6.2 Driving and safety

Traffic rules must be observed at all times. Being accompanied by a guide does not release the driver from their own obligations as a driver. Safety instructions must be followed insofar as they do not contradict applicable traffic regulations. Leaving the route set by the guide on one’s own initiative, driving off this route, overtaking the guide, drifting, racing and deliberately spinning the wheels are prohibited. A 0.0 blood alcohol limit applies to drivers as a condition of participation; driving under the influence of drugs is prohibited. Mobile phones or cameras must not be held or operated while driving. Required seat belts and the protective equipment provided must be used.

11.6.3 Deposit and liability for vehicle damage

We do not charge a deposit for guided buggy tours. In cases of simple negligence, liability for damage culpably caused to the buggy provided is limited to a total of no more than €1,500 per incident. The limitation does not apply to damage caused intentionally or through gross negligence. If the compensable damage is lower, only the lower amount is owed. Pre-existing damage and normal wear and tear are not charged. Payments for the same damage are credited.

11.6.4 Optional liability reduction (guided tours only)

For €20 per registered driver, a contractual reduction of this liability for vehicle damage to €0 can be agreed before the start of the tour. The express selection and payment are documented. For a driver who has not agreed to this option, the regular liability rule continues to apply.

The reduction does not apply to damage caused intentionally or through gross negligence. A breach of the rules alone does not automatically lead to unlimited liability; what matters is the causal link to the damage and the degree of fault. The reduction concerns our claims for vehicle damage, not fines or claims by injured third parties. It is not fully comprehensive insurance and does not apply to rentals without a guide.

11.6.5 Accidents and responsibility of the organiser

Accidents, breakdowns and safety defects must be reported to the guide immediately. Section 12 applies to our own liability. Our statutory obligations regarding organisation, instruction and safety are not excluded by the drivers’ obligations.

11.7 Kids buggy

  • Children aged 8 to 14 may drive themselves.
  • A parent or guardian must be present on site and sign the consent form for each child.
  • An adult rides along for the first laps. Only then does the guide decide whether the child may drive alone.
  • Helmet and seat belt are mandatory. Top speed is electronically limited according to age and experience.
  • There is no comprehensive insurance. If the child damages the vehicle or equipment by disregarding the safety rules or through improper use, the signatory contributes a maximum of €300 per incident. Material defects, normal wear and tear and errors on our part are excluded. Details are set out in the Kids Buggy Participation and Liability Agreement.

11.8 Rental equipment

Equipment issued must be handled with care and returned complete. For loss or damage caused through fault, we may claim the actual compensable damage. The age and condition of the item, necessary repair costs and, where applicable, any benefit from a replacement purchase are taken into account. Pre-existing damage and normal wear and tear are not charged. For items already covered by a specific vehicle damage rule, the same item of damage is not charged again.

11.9 Self-drive buggy day rental without a guide

These special conditions apply exclusively to self-drive rental without a guide. They are not the conditions of a guided buggy tour. The lessor is Adventure Tours Mallorca S.L.

11.9.1 Subject of the contract

The lessor provides the renter with a Renli RL1100 road buggy (1100 cc, manual gearbox, approved for two persons) for self-driving without a guide and without an escort vehicle. The specific vehicle provided is identified by its registration number in the rental agreement and in the handover report.

11.9.2 Rental period and location

Collection takes place at 10:00 a.m. and return no later than 6:00 p.m. on the same day in Son Oms, C/ Can Calafat 48, Nave 60, Local 4, Polígono Son Oms, 07199 Palma. Optionally and by prior arrangement, the renter will be picked up at 9:30 a.m. at the AT Ticketshop, Carretera de l'Arenal 33 (Balneario 7–8), and driven to Son Oms; handover and return of the vehicle always take place in Son Oms.

11.9.3 Price, fuel and mileage

The price is €180.00 per buggy (not per person) and includes 50 kilometres. The vehicle is handed over with a full tank; the fuel consumed during the agreed rental period is fully included in the rental price, and the renter does not have to refuel or return the vehicle with a full tank. Each kilometre beyond the 50 free kilometres costs €0.60; the odometer reading is taken jointly at handover and return, recorded in the report and settled on return.

11.9.4 Deposit, payment and damage settlement

Before handover, a deposit of €500.00 is lodged as a card pre-authorisation or in cash; it is not part of the rental price. It is released within two working days after return without damage and settlement of any outstanding amounts; the bank’s processing time may be longer. Any retention or charge requires a comprehensible written statement (including by email) of the specific claim asserted. In the case of vehicle damage, this includes a description of the damage, photos and a cost estimate or an invoice. The renter is asked to communicate any objections within 7 calendar days. This period neither restricts statutory rights nor later justified objections; silence does not constitute acknowledgement of the claim. Deposit amounts not needed to secure a specifically substantiated claim are released without delay. The same damage is not charged twice (not repair and loss of value at the same time); the deposit is not an additional claim on top of liability under section 11.9.8, but serves solely as security and is set off against justified claims; it neither limits nor extends that liability.

11.9.5 Driver and passenger

Each registered driver must be at least 23 years old and have held a category B driving licence valid in Spain for the vehicle for at least 3 years; the decisive date is the date on which the category B licence was first issued, not the issue date of the current licence document. The licence must cover driving vehicles with a manual gearbox; a restriction to automatic vehicles is not sufficient. It must be presented before handover and carried throughout the entire rental period. As a rule, the original is required. An official digital proof is only accepted insofar as it is legally recognised in Spain for the licence in question and can be verified on site. Simple copies, photos and PDF copies are not sufficient. Any international driving permit that may be required must be carried together with the national driving licence. The vehicle has a manual gearbox and may only be driven by persons who can handle one. A second driver is only authorised to drive if they are entered in the rental agreement and €20.00 has been paid; handing the vehicle over to other persons is prohibited. A passenger is carried from the age of 12 or from a height of 135 cm.

11.9.6 Use and prohibitions

Driving is permitted exclusively on paved public roads, in compliance with Spanish traffic rules and with the seat belt always fastened. The following are prohibited: off-road driving and driving on beaches, drifting, races and competitions, towing, carrying more than two persons, subletting or handing the vehicle over to third parties, smoking in the vehicle, and driving under the influence of alcohol, drugs or medication that impairs fitness to drive. The vehicle must be parked properly and locked, and the key must always be taken along. A flat rate of €80.00 is charged for tobacco odour or soiling requiring special cleaning; the renter remains entitled to prove lower costs.

11.9.7 Vehicle condition and documentation

Condition, mileage and fuel level are checked jointly at handover and return and recorded in the handover and return report, which forms part of the rental agreement. The lessor documents the condition at both times with photos; the renter may take their own photos. Pre-existing damage noted in the report is not charged to the renter.

11.9.8 Renter’s liability

The renter is liable for damage to the vehicle for which they are at fault. In cases of simple negligence, their liability is limited to a maximum of €1,500.00 per incident. To the extent permitted by law, this limitation does not apply in cases of intent or gross negligence, or where the damage or an insurance disadvantage was caused or increased by alcohol or drug consumption, by a driver not entered in the agreement, by prohibited off-road use or by a culpable breach of the obligations under section 11.9.10. There is no liability for pre-existing damage, normal wear and tear, technical defects not caused by the renter’s fault, or cases of force majeure. Section 11.9.9 applies to damage to third parties.

11.9.9 Insurance

The vehicle is covered by the statutory compulsory motor third-party liability insurance, which covers damage to third parties in accordance with the policy and the law. There is no fully comprehensive insurance or excess reduction: section 11.9.8 applies to damage to the rental vehicle itself. The lessor may settle damage directly, unless there is a statutory or contractual obligation to notify the insurer; payments by the insurer or third parties are credited against the claim against the renter.

11.9.10 Accident, breakdown and theft

Any accident, breakdown or theft must be reported to the lessor immediately on +34 611 251 467. The renter completes the European Accident Statement, takes photos and notifies the police (112), in particular in the event of personal injury, involvement of third parties, hit-and-run, theft or dispute. Caring for injured persons and one’s own safety always take priority. Repairs or repair orders are not permitted without the lessor’s prior consent.

11.9.11 Return, late return and recovery

The vehicle must be returned in Son Oms by 6:00 p.m. A grace period of 10 minutes applies; from 6:10 p.m., a flat-rate compensation of €50.00 is charged for each 30 minutes or part thereof, up to a maximum of €180.00 per rental day. The flat rate corresponds to staff costs outside opening hours and the lost use of the vehicle; the renter remains entitled to prove that no loss or a lower loss was incurred, in which case the lower amount applies. Nothing is owed if the delay is due to a vehicle defect or is attributable to the lessor. If the vehicle has not been returned by 9:00 p.m. and the renter cannot be reached, this is deemed unauthorised continued use; the lessor may recover the vehicle and file a report with the police and will charge the recovery costs actually incurred, up to a maximum of €200.00.

11.9.12 Fines and traffic penalties

Fines and traffic penalties arising from use during the rental period are borne by the renter. The lessor is legally obliged to identify the driver to the authorities and makes no charge for this. Notices are forwarded to the address given in the rental agreement.

11.9.13 Cancellation and no-show

Cancellation at least 24 hours before the start of the rental: full refund of the amount paid. Cancellation less than 24 hours before the start of the rental or no-show: no refund; if the vehicle can be rented out to someone else for the same day, the corresponding amount is refunded. If the lessor cancels due to weather, the technical condition of the vehicle or for other reasons on its side: alternative date at the customer’s choice or full refund. A minor delay by the renter at collection does not extend the return time. The vehicle will not be handed over without a valid driving licence, with unsuitable footwear or in the event of evident influence of alcohol or drugs; as these reasons are attributable to the renter, there is no entitlement to a refund. As this is a vehicle rental with a fixed date of performance, there is no right of withdrawal (Art. 103(l) RDL 1/2007).

11.9.14 Statutory registration (RD 933/2021)

The lessor complies with the registration and reporting obligations applicable to the rental under Real Decreto 933/2021. The required data of the renter, the drivers, the vehicle, the contract and the payment are collected for the statutory register. The prescribed notifications to the competent authority are made without delay, at the latest within 24 hours of the relevant event: reservation or conclusion of the contract or cancellation, and start of the booked service. The renter and the drivers must provide the information required by law for this purpose. The register is kept for three years from the end of the service. Further information on the processing of personal data is provided in section 11.9.15.

11.9.15 Data protection for rentals

Controller: Adventure Tours Mallorca S.L., NIF B67682914, info@adventure-tours-mallorca.com. Purposes and legal bases: performance of the contract (Art. 6(1)(b) GDPR); legal obligations, in particular registration and reporting under RD 933/2021, identification of the driver to the authorities and tax and accounting obligations (point (c)); legitimate interest in documenting and asserting claims for damage (point (f)). Recipients: Secretaría de Estado de Seguridad and other competent authorities, insurer, tax advisers and, where applicable, lawyers. Retention: register under RD 933/2021 3 years from the end of the service; contract, report and photos 5 years (Art. 1964 Código Civil); accounting records and invoices 6 years (Art. 30 Código de Comercio). Rights of access, rectification, erasure, restriction, objection and data portability via info@adventure-tours-mallorca.com; complaints to the AEPD, www.aepd.es.

11.9.16 Complaints, law and language versions

Official complaint forms (hojas de reclamación) are available on the premises. Amendments to the rental agreement must be made in text form, including email. Spanish law applies; the place of jurisdiction is Palma de Mallorca, unless a mandatory consumer place of jurisdiction takes precedence. The invalidity of any clause does not affect the validity of the rest of the contract. The contract exists in Spanish, German, English and French; in the event of discrepancies, the Spanish version prevails.

12. Liability

12.1 Liability of Adventure Tours

Adventure Tours Mallorca S.L. is liable if and to the extent that the requirements for liability under the applicable statutory provisions are met. These conditions do not establish any guarantee of a damage-free course of events beyond the statutory obligations and the expressly agreed contractual obligations.

Claims protected by law, in particular for injury to life, body or health and for damage caused intentionally or through gross negligence, are neither excluded nor limited by these conditions. Statutory rules on the burden of proof remain unaffected.

12.2 Activity risks and shared responsibility

Outdoor, driving and water activities may involve typical risks even when carried out properly, in diving in particular barotrauma and decompression sickness. Information about such risks is not a waiver of liability and does not release us from our statutory obligations regarding safety, organisation, instruction or supervision.

Insofar as damage is based exclusively on circumstances for which we are not legally responsible, we are not liable. Legally relevant contributory fault on the part of the injured party is taken into account in accordance with the statutory provisions. The conduct of other persons does not exonerate us insofar as it is legally attributable to us.

12.3 Personal belongings

Participants are responsible for appropriately securing personal belongings they bring along. Separate safekeeping is only undertaken if this has been agreed. We do not provide any additional guarantee against loss, theft, moisture or damage.

Insofar as we are legally responsible for the loss or damage, we are liable in accordance with section 12.1. This also applies to items entrusted to us for safekeeping.

12.4 Damage caused by participants

Participants and renters are liable for damage insofar as it is culpably attributable to them under the statutory provisions. The limitations of liability expressly agreed for the respective activity remain in force. Participation alone or the finding of damage does not give rise to an automatic obligation to pay a flat-rate amount.

12.5 Relationship to insurance benefits

Insurance benefits do not replace the contracting parties’ own statutory obligations. Claims against us are not generally referred to an insurer of the participant. Payments for the same damage are taken into account in accordance with the statutory provisions.

13. Photos and videos

13.1 Our dive instructors and guides may take photos and videos during the activity. Photos and videos are included in the activity price only if this is expressly stated in the relevant service description. For discover scuba diving, the photo/video package is an optional extra at an additional charge. Its price and contents are communicated before booking the extra. If a package has been booked or recordings are expressly included, they are provided via a download link after the activity. Anyone who does not wish to be photographed should say so before the start. Publication requires separate consent under section 13.3.
13.2 Drivers must not film or take photos while driving. Own cameras are not permitted during discover scuba diving (section 11.1). Section 12.3 applies to cameras and other personal belongings brought along.

13.3 Images in which participants are recognisable will only be published on our website or social media with their consent. Consent can be withdrawn at any time by email.

14. Data protection

We process personal data to handle the booking and carry out the activity. Details can be found in our privacy policy.

15. Complaints

15.1 Please send complaints to info@divingandadventure.com. We will reply as quickly as possible and within one month at the latest.
15.2 Official Balearic complaint forms (hojas de reclamación) are available from us.

15.3 We do not participate in dispute resolution proceedings before a consumer arbitration body.

16. Applicable law and final provisions

16.1 Spanish law applies. Mandatory consumer protection provisions of the country in which the customer has their habitual residence remain unaffected.
16.2 For consumers, the statutory place of jurisdiction applies.

16.3 These terms are available in German, English, Spanish and French. In the event of discrepancies, the Spanish version prevails.

16.4 Should any provision of these terms be invalid, the validity of the remaining provisions remains unaffected.

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