What Responsibilities do Dive Operation Have?

[SDAnderson]

As Mr. Phililips suggests, we should all read "the fine print", and get copies of any waivers we will be asked to sign *before* we plunk down our money for a dive trip (and the airline tickets, Hotel accommodation , etc.)

In time, divers, too, will realize that there is little advantage to remaining a marginal daredevil subculture whose activities take place in a legal limbo.

Excellent advice for everyone - you've said it better than I could and I couldn't agree more. :11:

 

[Web Monkey]

There is letter titled "Read the Fine Print" in the "buddy lines" May 2005 issue of DIVE TRAINING magazine (Page 10), that is quite relevant to this discussion. In this letter, Wayne K. Philips of Huntington Beach CA explains why he refused to sign a Norwegian Cruise Lines waiver and chose not to dive rather than absolve "NCL and all related entities from even 'gross negligence'.

Regardless of what anybody signed or didn't sign I beleive you would find it difficult to sue a huge corporation based in Malaysia.

Just like with any dive, regardless of the marketing literature, or anything you sign, in the end, you're really on your own. If you don't feel comfortable with the dive, don't go.

If the guy blew off the dive because he didn't like the contract, it's both his choice and his loss.

Terry

 

[Scuba]

Regardless of what anybody signed or didn't sign I beleive you would find it difficult to sue a huge corporation based in Malaysia.

Just like with any dive, regardless of the marketing literature, or anything you sign, in the end, you're really on your own. If you don't feel comfortable with the dive, don't go.

If the guy blew off the dive because he didn't like the contract, it's both his choice and his loss.

Terry

There's more to it than what may seem readily apparent.

Or his, and our gain. Not patronizing these operators is the best way to change their behavior and discourage others. The question is: Why would anybody sign such a contract? Why would anyone contract out for goods or services from someone seeking release from liability in case of gross negligence? Maybe a case for insanity can be made here, voiding the contract. LOL

Does anyone here like a contract with this clause in it, why? I think some may dismiss it as an unimportant legal formality, but please ponder the possible consequences. In regards to a dive operator, he could transport to dive site, dump everyone in, and take off. Basically, your screwed, whether his liable or not. Difference is, he can keep doing this to others to his hearts content if such contract is determined legal.

The comments about different legal jurisdictions and difficulty in taking any legal action, to which I'll add difficulty in receiving any compensation if successful, is a very good one.

 

[pilot fish]

Isn't this thread a duplication of the thread below?



http://www.scubaboard.com/showthrea...ht=what+are+teh+responsibilities+of+a+dive+op

 

[H2Andy]

PF, now i see what you are talking about

actually, this thread is older than yours (it was started first), so yours is really
a duplicate of this one

 

[pilot fish]

PF, now i see what you are talking about

actually, this thread is older than yours (it was started first), so yours is really
a duplicate of this one

This is a new thread title. That original post, and C&P, was under a different thread title. Anyway, whatever, you can close the one I started, or merge them together, since it is the same topic.