Our Terms & Conditions


1.1 Diving Specials GmbH, Hildegardstrasse 11, D-80539 Munich (‘Diving Specials’) operates on the internet portal www.DivingSpecials.com a shopping community (hereinafter ‘DivingSpecials.com’). Members of the shopping community (the ‘members’, individually ‘member’) are offered the following categories at DivingSpecials.com: i) Diving Packages,  ii) Diving Activities and iii) Diving Equipment. Certain specials might require a minimum standard of technical diving know-how or licenses in order to book a diving package or activity. The diving equipment is only sold in small quantities. Our specials follow an online auction, which means that they are limited in time and number.

1.2 Minimum age: diving specials are sold to end consumers over 18 years of age only.

1.3 Personal Information: Diving Specials GmbH and all providers of diving specials reserve the right to cancel your order at any time, if you do not specify all the relevant information necessary, for example information about you or other persons booking a diving package. If you confirm a booking in the name of somebody else, you need to be authorized to do so. The represented person will be bound to accept and comply with our terms and conditions. 

1.4 If deadlines are specified in business days these include all days except Saturdays, Sundays and public holidays in Germany .

1.5 Scope: These terms and conditions apply to all contracts entered into with members via the platform DivingSpecials.com and generally to all business relationships between its members and Diving Specials. Diving Specials does not accept any other terms and conditions, except otherwise expressly agreed on.


2.1 Our specials at DivingSpecials.com are not freely available, but only exposed to our exclusive members. The member registration is possible via the website DivingSpecials.com. Membership is free of charge and can be canceled at anytime without adherence to a deadline. Terminations can be sent by email to service@DivingSpecials.com. Each member receives a password-protected direct access. Only membership entitles you to use the online service of DivingSpecials.com.


3.1 As part of your registration as a member at DivingSpecials.com you are asekd for the transmission of personal data. Section 16.1 applies. You are responsible for ensuring that the data is complete and truthful. After you have completed the registration process, you will receive a confirmation of your registration by email. You will receive access to the online offer at DivingSpecials.com with your password. You are responsible for keeping this password and any other login credentials confidential and for protecting your account against access by unauthorized third parties. Diving Specials reserves the right to refuse registration without any reasons. .

3.2 You are prohibited from using DivingSpecials.com in any other way than within the anticipated scope, especially to violate or manipulate technical processes. Any interventions with the intention to damage Diving Specials or other members will result in the sudden loss of your membership. We reserve the right to take legal measures.

3.3 You shall only be entitled to register with and operate one user account at the same time on DivingSpecials.com. Multiple registrations will be deleted from Diving Specials.

3.4 In the password-protected area under ‘My Orders’ on DivingSpecials.com you can view your open, recently sent and / or completed orders and change it if necessary. Under  ‘My Account’ you can manage and store your personal data.

3.5 Diving Specials reserves the right to warn you, to cancel your membership or change your submitted or deleted content, if you violate any of the provisions of this Section 3 (virtual house right). Any claims for damages of Diving Specials remain unaffected.


4.1 Contracts are completed online through the platform DivingSpecials.com. Orders are confirmed electronically via email.

4.2 DivingSpecials.com is operated in English and German. Contracts concluded via DivingSpecials.com are in English and German. Any specials at DivingSpecials.com can also be described in other languages.

4.3 Duration: The duration of the specials is limited in time and is defined for each offer individually by Diving Specials. After expiry no further purchase is possible.

4.4 The specials might be subject to a minimum number of participants. If the required minimum number of participants for each offer cannot be reached or if the offer cannot be issued within the sale period for other unforeseen reasons, the sales contract is not concluded. We will inform you by email and refund immediately any payment already made. You can view the status of a special by its deal status on the respective page.

4.5 The offer on DivingSpecials.com is not a binding offer in the context of § 145 BGB , but should be understood as a solicitation of an offer (invitatio ad referendum). By submitting an order by clicking the ‘Place Order’ symbol (shopping cart), you confirm a binding offer. After confirming your order you will receive a confirmation email with details of your order . The confirmation email does not constitute an acceptance of the contract by the Diving Specials GmbH. The acceptance of the contract takes place after expiry of the diving special and at the latest by delivery of the goods. For the conclusion of the purchase contract a successful payment is required. If your payment has not been successful at the first attempt (for example due to the non-existence of the underlying bank account, no account coverage, the credit card number is incorrect or the credit card is at its limit), the purchase will not be concluded.

4.6 DivingSpecials.com saves the contract text and sends you the ordering information by email. The terms and conditions can be viewed online at any time. You can review your past orders in our customer login area (‘My Orders'). It is important that you check all information after receiving the confirmation email. If your order does not coincide with the confirmation or if you have not received a confirmation email, please contact us immediately via


or Live Chat.


4.7 Diving Specials GmbH concludes sales contracts of diving equipment as direct contractor


4.8 Diving Specials GmbH acts as an agent and on behalf of the provider upon completion of contracts for diving packages or diving activities. The provider (or even the sponsor of the provider) is legally responsible for the provision of the offer (e.g. accommodation). As a broker we are not responsible for the provision of the offer. Thus, the booking via our website results in an agent contract between you and the Diving Specials GmbH. Basis of the contract are the diving specials and its details displayed on the website.

4.10 The provider will have own terms and conditions that apply to your booking. All bookings via our website are subject to the terms of the corresponding provider and in the case of a booking you agree to comply with these terms. If there should be any discrepancies between our terms and conditions and the terms and conditions of a provider, the terms and conditions of the provider are of priority against the contradictory conditions in this document and shall apply exclusively. If you use our services (including bookings), you accept the terms and conditions of a provider. If we confirm your booking, two contracts are concluded: the agent contract between you and us and the contract between you and the provider.


5.1 The prices indicated at the respective product page at the time of your order apply. The prices are end prices including VAT and all other price components except for potential shipping costs. Shipping costs will be charged separately in accordance with the size and weight of your order and dependent on the shipping location. Shipping fees are indicated in the shopping cart.

5.2 The agent is entitled to demand a deposit relevant for the travel or payment conditions of the represented provider, insofar as these payments have been effectively agreed on and contained legally effective prepayment conditions. Furhter prepayments can be demanded, if the agent complies with the statutory provisions, especially § 651 k BGB (duty to safeguard clients' money in package deals ‘Pauschalreisen’) and to the extent further payments have been explicitely agreed on.

5.3 A client cannot counter a claim reimbursement of an agent with own claims against the represented company, in particular due to improper performance of the arranged contract, by retaining the money or balance accounts, unless the agent is partly or entirely culpable for the violation of the contractual obligations or is liable due to other reasons for the identified counterclaims.


6.1 Who do you pay: All payments provided for diving packages and for diving activities are received by us on behalf of the provider of the service. Payments for the purchase of diving equipment will be directly paid to Diving Specials.

6.2 Diving Specials offers payment options via credit card and your paypal account. Diving Specials reserves the right to exclude certain payment methods for individual orders and to refer to other payment options.

6.3 Diving Specials accepts different credit cards, for example Visa or Mastercard. Diving Specials will charge the invoice amount immediately after receipt of the order via your credit card.

6.4 In order to confirm bookings of diving packages or diving activities a deposit up to 40 % of the price is possible. The deposit will be deducted from the total price. The remaining payment is due after the end of the diving specials and payable within 14 days. If we have not received the full payment within the period of 14 days, we are entitled to cancel your bookings of diving packages and activities. The deposit is non-refundable.

6.5 Errors in pricing: In certain cases an error may occur leading to a wrong price calculation during your booking process. If we have made ​​a mistake (due to human, technical or other failure), we reserve the right to offer you a choice between the booking at the right price or full refund.

6.6 Taxes: Taxes, duties, fees or other charges (collectively ‘taxes’) might be imposed in certain countries by the national authority. The German VAT applicable to your booking will be shown in the shopping cart process. Please read carefully through the information on the respective diving special details for local taxes. Please note further that you are solely and exclusively liable and responsible for the payment of all taxes.

6.7 Additional services: Please be advised that you might be able to purchase additional services to your diving package or diving activity. These additional services could contain extra meals in the hotel, internet etc. If you have not purchased these additional services as part of our diving specials, you are solely responsible for the payment to the provider, who is in charge of providing these additional services. Diving Specials assumes no liability or responsibility for the provision, performance or consumption or other regarding any additional services.

6.8 Refunds: If you receive a (total or partial) refund from us, you will be credited the corresponding amount via your original payment method.

6.9 Currency: You can choose different currencies at our website. The exchange rate of the price for the offer is purely informative. Diving Specials does not guarantee the exchange rate and is not responsible in the case of a change, since we cannot influence exchange rates. You should check the accuracy of the exchange rate personally.


7.1 Deliveries are exclusively done within Germany and the EU to the delivery address notified by you. You are responsible of ensuring the delivery to your address during normal business hours.

7.2 Diving Specials ships your diving equipment a few weeks after the sale action if the amount has been fully credited to our account. An earlier delivery is not possible in general, since the delivery is dependent on suppliers or manufacturers. The actual delivery time will be communicated to you at the respective product page and during the shopping cart process.

7.3 Diving Specials does not assume any exercise risk, especially not for the purchase of fungible goods. Diving Specials is only obliged to supply from the existing stock of goods or the delivery of goods ordered from the supplier. The delivery obligation of Diving Specials can be waived, if Diving Specials has not all or not fully been delivered or not been delivered in time despite an existing covering transaction with the relevant supplier, Diving Specials informs you immediately about this incident and no explicit supply risk has been agreed on. Diving Specials will refund any prepayment.

7.4 In the case of force majeure the delivery time will be extended reasonably. Fore majeure includes strikes, lockouts, official interventions, energy and raw material shortages, transportation bottlenecks, operating disabilities for example by fire, water, machinery damage, lightning and all other obstructions that could not be anticipated and have not been caused by Diving Specials. We will immediately inform you about the period of these delivery obstacles.

7.5 Diving Specials reserves the right to withdraw from the contract, if the delivery failed three times due to your negligence. Diving Specials will refund any prepayment.

7.6 Diving Specials kindly asks you to immediately report obvious damages upon delivery to the delivery service or via our customer support team: service@DivingSpecials.com or Live Chat

The reporting has no effect on your warranty rights, but will help us to enforce our claims against the delivery company.


8.1 We are not the manufacturer of the goods offered for sale through our website. We will do our best to ensure that the diving equipment fits its website description, meets your quality criteria and is ready for use, but the products may vary slightly from the product information. We recommend careful reading of all labels, warnings and instructions that come with the goods before usage.

8.2. Accuracy of descriptions: We have taken appropriate measures to represent the colors and other details of the goods as accurately as possible. The real colors and details of the purchased goods will depend on the device with which you see the pictures of the goods. We cannot guarantee that the view of a color or other details on your TV screen, mobile device, computer screen or other device accurately represented the colors or details of the delivered products.


9.1 Diving Specials acts as an agent for diving activities and packages on behalf of third parties. The contractual liability of the agent for diving activities and diving packages lies in the implementation of the agent contract in accordance with the client order as well as the completion of bookings, especially the transfer of documents, if the provider does not directly transmit them to the customer.

9.2 Contracts for diving activities or diving package are concluded between you and the respective provider through the confirmation of your booking at our website www.DivingSpecials.com. The provider is legally responsible for the provision of the diving special. As an agent we are not party in the contract relating to the diving special, which you have booked via our platform. Consequently, we are not legally responsible for the provision of the diving special, which will be organized by another provider. All rights and obligations under the contract shall be directly and solely between you or another person, on whose behalf you confirm the booking, and the provider of the offer. By confirming your booking you are bound to agree to and comply with the terms and conditions of the provider. If necessary, we wil inform you about the applicable terms and conditions of the provider.

9.3 A notification obligation is only applicable, if special circumstances known to or identifiable by the agent necessitate an explicit reference and if the relevant information should have been included under accurate preparation.

9.4 Appropriate notification obligations of the agent are limited to the provision of information from appropriate sources of information, especially from current industry sources, or the disclosure of information of foreign embassies, consulates or tourist offices.

9.5 The agent is not required to conclude a special investigation without an explicit agreement. The travel agent can fulfill his information duty by referring the customer to an eligible point of information.

9.6 The previous paragraph should apply equally to the information about customs regulations, sanitary immigration regulations or preventive health care measures of the customer and his fellow travellers.

9.7 Insurance: The arranged services do not contain insurance benefits. A travel (cancellation) insurance and dive accident insurance can be added individually in the purchase process ('Shopping Cart'). It is important and strongly recommended that you have a travel insurance and dive accident insurance, which gives you coverage for the entire duration of your bookings (and all aspects relating to your booking). In this way it is ensured that you are financially covered if you have to cancel your booking under certain circumstances or get sick. The amount of insurance coverage depends on your particular booking. Relevant information and conditions for insurance packages can be accessed online.

9.8 Immigration and passport requirements: A valid passport (at least for six months after the end of the holiday) is required for bookings. For the fulfillment of specific passport and visa requirements and other immigration requirements you are solely responsible. You should confirm the immigration requirements before your departure at the respective embassies and / or consulates. We do not assume any responsibility, if you cannot leave on your trip, because you have not met the requirements for your passport, your visa or immigration, or if you cannot proof your medical record (immunization passport). For European Union citizens, who are traveling within the European Union, a valid identity card is sufficient.


10.1 Withdrawal of
mediated services (‘Diving Activities’, ‘Diving Packages’)

Withdrawal terms

There is no right of withdrawal for the purchase of diving activities and diving trips. A cancellation is possible. If you wish to cancel your booking of diving activities or diving packages, the cancellation terms of our business partners apply. Please note further, that, if your cancellation is based on events for which you are responsible or that you have caused deliberately, we are entitled to keep the booking price to the extent necessary to cover the reasonable costs.

Change of booking

Changes other than the change in the name are not possible. These name changes in your booking can be made ​​only if you contact us at service@DivingSpecials.com or via Live Chat. An approval of such a change of name is solely at our discretion.

Transfer and resale

A potential transfer of your order or resale to private individuals is possible at the purchased price even after expiry of the specials and must be confirmed before start of the diving package or diving activity by Diving Specials. The commercial resale is excluded. If you violete these rules, Diving Specials reserves the assertion of its rights, especially to enforce compensation claims. Further we recommend the completion of a travel insurance for diving packages, which can be added during the shopping cart process.

Change of booking

Sometimes a provider may need to make a change in relation to your booking. We will inform you of any such changes as soon as reasonably possible by creating an updated confirmation email with your booking information. We assume no responsibility or liability for such changes, as we are not the provider.

Diving Specials or a provider cancels your booking

We reserve the right to cancel the accommodation booked by you without any liability to pay compensation, if the cancellation occurs due to fore majeure or if you have not fully paid your booking or in other cases in accordance with these terms and conditions. In these cases, however, we will not refund the deposit paid by you. We reserve the right to cancel your booking, if we have reasonable belief to assume a fraud has occurred. In such cases we will try to contact you via the email address you have provided at your booking. If we cannot contact you, we may cancel your booking without any liability.

Contact us with any questions at service@DivingSpecials.com or via Live Chat.

10.2 Withdrawal of goods purchases (‘Diving Equipment’)

Withdrawal terms

You can cancel your contract for diving equipment within 14 days without providing any reasons in writing (e.g. letter, live chat, email) or by returning the goods.

The time limit begins after receipt of this instruction in text form, but not before receipt of the goods by the recipient (in case of recurring deliveries of similar goods not before receipt of the first partial delivery) and not before fulfilling our information obligations under Article 246 § 2 in connection with § 1 paragraph 1 and 2 EGBGB as well as our obligations according to § 312g paragraph 1 Clause 1 BGB in conjunction with Article 246 § 3 EGBGB. For the protection of the withdrawal period it is sufficient to send the revocation or the good in time.

The revocation must be sent to:

Diving GmbH Specials

Hildegardstrasse 11, 80539 Munich

E -mail: service@DivingSpecials.com

Each delivery is accompanied by a return slip. In order to ensure a quick processing of your returns, you are well advised to fill out the return slip and enclose it to your returning goods. For more information on returns, please contact our customer service Live Chat online or at service@DivingSpecials.com.

Problems with returned goods

We reserve the right to recover delivery costs for returning goods, if we determine that the goods were damaged after delivery by you, have been handled incorrectly or have not been used in accordance with the instructions. This article does not represent a restriction nor an impairment of your right to cancel the contract and return the goods.

Consequences of withdrawal

In case of an effective withdrawal, the mutually received benefits are to be returned and any benefits surrendered. If you cannot fully or partially return the goods, or only under deteriorated condition, you are obliged to provide compensation. You must only pay compensation for the deterioration of the good and derived benefits, if the usage or deterioration is due to your handling beyond the testing of its characteristics and functioning. By testing the characteristics and functioning we refer to the testing and trying out of the respective goods as it might be customary in a retail store. Transportable items are to be returned at our risk. You have to bear the costs of returning goods, if the ordered goods correspond to delivered one and if the price does not exceed an amount of 50 euros or if you are at a higher order amount, but have not concluded payment at the time of withdrawal. Otherwise the return is free of cost for you. Obligations to reimburse your payments must be fulfilled within 30 days. The period begins for you once you have sent your withdrawal statement or the goods, for us with their reception of the goods.

End of the cancellation and return policy______________

10.3 Your right of cancellation does not apply to contracts for the supply of goods that were made to your specifications or clearly tailored to personal needs or which are not suitable due to their condition for a return or spoil quickly or once the expiration date has passed, the supply of audio or video recordings or software, if the delivered data have been unsealed by you or for the supply of newspapers, periodicals and magazines, unless the consumer has concluded his contract via telephone.

10.4 You have to usually bear the costs for returning the goods, if you exercise your canellation right and the delivered goods correspond to the ordered one and if the amount of the returned goods does not exceed 50 euros or if you are at a higher order amount, but have not concluded payment at the time of withdrawal. In all other cases the returning of goods is free for you.


11.1 Goods ('Diving Equipment') will only be transferred upon full payment into the property of the buyer.

11.2 Ownership of the returned goods: Diving Specials will only accept the rightful ownership title for the returned goods, if the goods have arrived at our return location. Diving Specials reserves the right to grant full refund without the return of the goods. In this case Diving Specials does not take title to the property of the returning goods.



12.1 Diving Specials guarantees that counterparties will fulfill their contractual duties for diving packages and diving activities, as well as the delivery of diving equipment to the indicated shipping address. In the event of any quality shortcomings or property title problems for purchased goods, you have all rights applicable for new or  re-manufactured goods. You will find a description of the return procedures under section 10.2. The right of a price reduction is excluded.


12.2 Diving Specials assumes no liability to our customers for the services provided or goods sold by our mediated partners. The respective partner acts in its own name and for its own account when providing the offers described in our specials. Diving Specials is not liable to the customer for the breach of duty of the partner.

12.3 Diving Specials is only liable for intent and gross negligence, unless it concerns fraudulently concealed damages, damages resulting from injury to life, body or health, or damages arising from the violation of essential contractual obligations. If only slight fault applies for these exceptions, our liability is limited to the amount of the contract-typical, foreseeable damage. The provisions of the Product Liability Act and the liability for guarantees remain unaffected. The same applies to breaches of Diving Specials’ agents.

12.4 Diving Specials is not liable as an intermediary for any shortages in the performance and injury or damage incurred in connection with the mediated service. If Diving Specials acts as an agent for multiple touristic services (‘Pauschalreise’ or package travel) and justifies the evidence that it acts for its own account acc. § 651 para 2 BGB, full liability has to be assumed.


13.1 The happiness of our members is very important to us. Therefore, we try our very best to always process your request as quickly as possible and report back to you as soon as possible. For service inquiries please contact our customer service via Live Chat or:

Diving Specials GmbH

Hildegardstrasse 11, 80539 Munich

Email: service@DivingSpecials.com 

13.2 The agent will make efforts to support clients with all necessary information and documents at hand, especially the name and address of the booked company, in cases of complaints or other claims against the mediated company.

13.3 There is no obligation of the agent to receive and/or forward relevant information or documents.

However, we can help you with complaints against providers. Please note that our complaint support will be provided, since we care for you. However, we are not legally obliged to organize the booking or to remedy any shortcomings in this respect. Please send us an email for complaints to service@DivingSpecials.com indicating your reference number and the necessary booking details to verify your identity.

13.4 With regard to any claims by the customer against the mediated company there is no duty of the agent to advise on the type, scope, amount, claim requirements, deadlines or other legal regulations.


14.1 Claims for non-contractual fulfillment of the consulting and / or mediation services of the agent have to be submitted by the customer within one month. It is strongly recommended to submit claims in writing.

14.2 The period begins with the contractually agreed end of the arranged services (for multiple services, contiguous services the last one applies), but not earlier than the date on which the customer became aware of the specific circumstances initating the claims against the agent.

14.3 The deadline will not be preserved in the case of claims against the company, which agreed to provide or has provided the services.

14.4. The assertion of claims by the customer is not excluded if it has happened through no fault of the client.

14.5 Claims by the customer against the agent - for whatever legal reason - but with the exception of customer claims against tort, are limited to one year. The period begins with the end of the year, in which the claim arose, the customer became aware of the circumstances initiating the claim against the agent and the agent was notified about the claim.

14.6 If negotiations take place between the customer and the agent on claims or circumstances referring to the claims, then the limitation period will be suspended until the customer or agent refuses to continue the negotiations. The limitation period of one year will come into effect earliest 3 months after the end of suspension.


15.1 At DivingSpecials.com references are existent via hyperlinks to other websites. Diving Specials has no control over the content of these websites, does not consider these as its own content and accepts no responsibility for their content. Once Diving Specials becomes aware of illegal content, Diving Specials will delete the hyperlinks on DivingSpecials.com.


16.1 As part of your member registration on DivingSpecials.com you are asked for the transmission of personal data. This data is needed to process the concluded contracts between Diving Specials and its members at DivingSpecials.com. All personal data are treated by Diving Specials as confidential and in accordance with the relevant statutory regulations, in particular those of the Federal Data Protection Act (Bundesdatenschutzgesetz or ‘BDSG’), To secure your data in the online payment process Diving Specials uses an advanced encryption techniques, such as the Secure Socket Layer (SSL). The SSL is an accepted standard protocol that ensures secure data exchange. All of your data used during the shopping cart proess is transmitted in an encrypted way to Diving specials.

16.2 The Diving Specials GmbH reserves the right to change, modify or discontinue the scope and functionality of the website - to the extent that changes do not affect concluded contracts. Although Diving Specials GmbH endeavors to offer its service without interference, especially maintenance, development and / or other disorders can restrict the use and / or temporarily interrupt the usage. Under certain circumstances this may lead to data loss. Therefore Diving Specials is not responsible for the availability of the website service, the absence of technical problems or potential data loss.

16.3 Review the privacy policy of Diving Specials at http://www.DivingSpecials/public/privacypolicy


17.1 Images, information, videos ('protected intellectual property') are subject to intellectural property rights of the Diving Specials GmbH or our partners. A modification, reproduction, publication, disclosure to third parties and / or other use of protected intellectual property without the prior written consent of the Diving Specials GmbH are explicitely prohibited.


18.1. The entire legal and contractual relationship between the customer and the Diving Specials GmbH is exclusively based on German law excluding the UN Contracts For The International Sales of Goods (CISG) .

18.2. Contracts with merchants, customers, legal persons under public or private law or persons who have their domicile or habitual residence abroad or whose domicile or habitual residence are unknown at the time of action agree to the exclusive place of jurisdisction in Munich (Germany).


19.1 If any present or future provision of the contract for reasons other than the § § be 305-310 BGB should be or become wholly or partially invalid / void or unenforceable, the validity of the remaining provisions shall not be affected, unless the contract execution constitutes an unreasonable hardship for a party. The same applies if there is a supplement needed after signing the contract. The respective legal regulations replace the invalid / void or not feasible provisions.

19.2 We reserve the right to change these Terms and Conditions at any time (which we will post online). An adaptation of the Terms and Conditions is necessary to implement legal requirements or to reflect functional changes. You will fnd the applicable current Terms and Conditions here. If you do not agree with the amended terms and conditions, unfortunately you may not use our service anymore.

19.3 If there is already an contractual relationship existent between the Diving Specials GmbH and the customer, the amended Terms and Conditions only apply, if the change was communicated to the customer of Diving Specials GmbH, who has not objected in writing to the validity of the amended Terms within 6 weeks to the Diving Specials GmbH and who has been informed about the legal consequences of the absence of objection.


Posted on 09 October 2013, Munich