LONG post about a dispute with my LDS

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Crrink

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***Apologies for such a lengthy post, but please read if you have the time as I’d like to hear your opinion***

Hi guys, been lurking around here for several weeks now, and have enjoyed this resource very much.
I’ve got a question for all of you regarding a dispute I’m having with my LDS. I’m looking for your opinions/points of view because I think what I’m asking for is completely fair, but the dive shop owner strongly disagrees.
I figured you all would probably be a good, experienced, impartial group that could give me some insight in this issue. I’ll begin by giving the facts with as little opinion/emotion as possible:

My wife (fiancée at the time) and I wanted to get our OW certification before we went on our honeymoon in Hawaii. The biggest problem we had was finding a dive shop that could work around our schedules – we didn’t have two successive weekends free before the wedding due to planning and commitments. We found a small dive shop that had no problem beginning our classes on one weekend, skipping the following weekend, and finishing up on the 3rd weekend…. so far so good. We paid our $350 each and looked forward to beginning our classes.
Our class ended up being only 4 people, and one of the people dropped out after the first pool dive. We completed the classroom and confined water dives without a problem and skipped the next weekend.

We were moving during the weekend that we skipped, and even though the dive shop encourages its students to keep all of their equipment until class is finished, we saw no point in moving all the gear (especially two empty tanks) from our respective homes to our new one. The dive shop allowed us to return our gear over the weekend and told us we could pick the gear up at any time before the OW dives.

My fiancée called on the Wednesday before the OW dive to make arrangements to pick the gear up. She was told that the tanks were not yet filled, so the gear wasn’t ready. They suggested she call back after 4pm… ***My fiancée happens to work about 15-20 minutes from the LDS, but we had moved about an hour away from it…this is important later.*** As requested, she called back before she left work, but she was told that the tanks were still not ready.

She hadn’t been feeling well all week, but we were determined to finish our OW courses before our honeymoon to give us more flexibility and opportunity to plan recreational diving.

On the Thursday before the OW class, she was feeling quite poorly, so she scheduled a doctor’s appointment to get checked out and to make sure she’d be o.k. to dive on Saturday. Her coworkers convinced her she should go home at lunch and get some rest, so she called the LDS again to come pick the equipment up. Once again she was told that our tanks had not been refilled, and that she could try calling back after 4pm (apparently the owner is not usually around until then and he’s the only one who can fill tanks). She informed the LDS that she wasn’t feeling well, was probably not going to be going to work the following day (Friday), and that we wouldn’t be near the shop to pick the equipment up. The person on the phone basically said, ‘sorry, there’s nothing I can do, the tanks have no air.’

She went to the doctor the following day (Friday) and discovered that she had an ear infection – and therefore couldn’t go on her OW dives over the next two days (Saturday and Sunday).
I still very much wanted to do my dives not only to get it out of the way, but because I was worried I might catch whatever she had, and then I wouldn’t be able to complete my OW certification.

She called the LDS to let them know, and they were very understanding. They confirmed that I still intended to dive, however, they said they needed me to pick my equipment up that day (Friday), as I’d be needing it on Saturday. This was at about 4pm.

I politely explained that I was over an hour away, and wasn’t going to drive through rush hour traffic – an hour each way, when we had attempted to pick our equipment up twice previously.
I asked if I couldn’t pick it up on Saturday morning before the dive and was told ‘no’
I asked if I couldn’t rent my own equipment near my home and was told ‘no’
I asked if the LDS could contact the remaining person in the class (who lived less than five minutes from the shop) and ask if he would pick my equipment up for me, and was told ‘no’
We were to begin our OW courses on the private boat of our instructor, so I asked if there wasn’t any way the equipment could be dropped off at the boat and be waiting for me in the morning, and was told ‘no’

So, I said ‘sorry, but I’m not going to drive all the way down there right now,’ and that prompted the LDS to cancel the OW classes. I was told they’d reschedule.

I let them know that we were going to be out of town the following weekend, but that we had the next weekend free – the one right before our wedding – our last chance to finish our OW cert.

An instructor contacted me the following Thursday (the one just before the weekend we were going to be out of town) to schedule our OW classes for that weekend. I explained the situation to him, and he said he’d have to get back to me.

A week went by, during which my fiancée was finally able to pick our equipment up – filled tanks and all. I was contacted by the same instructor that Wednesday or Thursday and was told that now HE had an ear infection and therefore could not dive. I was told that they would look for a class we could join in order to finish our OW cert. On Friday I was told that they couldn’t find one anywhere, and that they had no instructor that could finish our OW cert.
That night I called my local Sport Chalet and was put in touch with an instructor that could’ve taken us out on that Sunday, but had no room on Saturday. He proposed that we could finish our final two dives sometime the following week. Unfortunately that didn’t work for us because we both work, and it was the final week before our wedding and we were pretty busy.

The LDS told us that they would give us contact information at a couple of dive shops in Hawaii that could do a referral OW cert. for us, but they never did come through with any information. I asked about how we would work the cost out, and I was told that we should schedule and pay for our own OW courses. I was told that whatever refund I would receive would be separate.

Due to such short notice, the cheapest place I could find in Hawaii to do our OW referrals was for $400, bringing the total cost of two full beginner OW certs to $1100.

As you might imagine I was concerned with how much money my LDS would offer to reimburse me.

To make this long post a little shorter, I tried all week before the wedding to find out, and was always told that only the owner of the shop could decide how much money I’d get back, but I could never get him to return my phone calls. On the day we began our honeymoon I called the LDS from the airport and I was told that there was a note from the owner that some amount had been credited back to my credit card, but that they didn’t know exactly when or how much. I decided that was good enough for now, to not worry about the amount, and to enjoy my honeymoon instead.

When I returned I discovered that no amount was credited back. After several phone calls and messages I was informed that my total refund would be $130.

***Here’s where the opinion part starts***

I found that totally unacceptable. I did a little research at the websites of dive shops in my area and found that the cost of an OW referral course is usually about 50% of the cost of a full beginner certification.
Since we missed the first scheduled classes partly due to my fiancée’s illness, I felt it was fair that we take some sort of monetary penalty, so I arrived at $300 as a fair amount to be reimbursed. Only about 43% of what we paid for our OW courses (not counting the equipment we purchased), and still a full $100 short of what we had to spend in Hawaii to finish.

The LDS owner actually told me that I’m trying to ‘rape’ him. He says his shop bent over backward for us by changing their usual schedule and doing their best to accommodate us. He blames me for not getting my equipment on time so that I could dive on the scheduled days (even though we were told we could not pick the equipment up until THE NIGHT BEFORE the OW class). He blames me for his employee’s unwillingness to open the shop early or transport the equipment to the boat I was to dive on (the boat is probably 20 minutes from the LDS, and the guy that works there lives on a boat in the same harbor).
He’s also very irate that when he wouldn’t return my phone calls I left a message saying that if he didn’t contact me I’d call my credit card company and dispute the charges – mind you, we’re a full 3 weeks beyond when this should’ve been settled, and not one cent has been credited back to me!

I told him that if my equipment had been ready when it was supposed to be that we wouldn’t have had so many problems.

He told me that he has to give this some thought, and he said he’d contact me tomorrow and let me know what he’s decided.

Now, my question to you is this: do you think I’m being unfair in asking for $300 to be refunded? Do you think his figure of $130 is fair?

Thanks very much for reading through all of this, I’m looking forward to your comments.
 
Chris
It's clear getting certified was not your first priority. It's asking a lot for the LDS to accomodate a changing schedule such as yours.

Generally they are small operations with low profit. I bet he lost more money on the interaction than you did.

BTW
How did you like Hawaii? My wife and I were in Maui about a year ago and loved it!
 
as a client, then the $300 is fair. If not, then expect the lesser amount. Either way, vote with your feet.
 
I think you're a nightmare customer. You expect everything just for the "right" to have your business. I wouldn't have offered you squat. You made an agreement then didn't follow through, now you expect them to accept your terms? BS.

Tom
 
Wow, you seem like a friendly guy.

I didn't demand that ANYTHING be done my way. We asked if the LDS could accomodate our schedule and they told us it was absolutely no problem.

As I stated before:
-I expected to have to pay some additional fee to have my wife certified since she got sick and couldn't dive on the scheduled day (as ordered by her doc.)
-I very much wanted to dive, but they didn't make my equipment available UNTIL THE NIGHT BEFORE THE FIRST DIVE.

Do you really think that is acceptable?
I proposed a number of ways that the dive shop could've easily gotten my equipment to me (since they didn't have it ready when they SAID THEY WOULD)
Yes, I COULD have driven an hour each way to the shop, but I don't think I should have been MADE to.

This shop is very unorganized, there were several other, smaller things I didn't mention in order to save space, but things like it taking 3 visits for us to be able to collect our books, and having to argue on the phone for 20 minutes that the fins I wanted were actually available in grey, were typical of our experience with them.

Mr. Wreckwriter, please explain to me why you feel they owe me nothing - do you honestly think they committed no errors at all?
 
One key point stood out for me:
Originally posted by Crrink
I asked if I couldn’t rent my own equipment near my home and was told ‘no’

That is completely unacceptable. I don't know what agency you are training through, but this would be a clear violation of PADI standards and is just plain poor business practices. You have every right to train with suitable equipment regardless of where you have purchased or rented that gear from.
 
Crrink: IMHO I no doubt have to assess responsibility here to both you and the LDS. Sure your wife to be got sick and that was unfortunate, but it seemed like you should have tried to get your certification much more in advance of a wedding/honeymoon and other busy schedules you and your wife to be were running. (YOU HAD TOO MUCH GOING ON AT ONCE)! I have a few pet peeves in life. 1st pet peeve here is when people got so much going that they are starting to lose control of what is going on. (You really did have too much going on with the wedding and everything, you should have done the OW after when you had time to be properly trained and not another give me $350 and you're a diver). That strike sorry but goes against you.
2nd- pet peeve is towards the dive shop. I (CAN'T STAND) irresponsible people especially businesses when they take your money. Your LDS was very irresponsible not to have your equipment ready and I believe they are very much at fault.
I don't think they would have had the same attitude with the no, no, and no if they hadn't got paid yet.
Fair solution is to have the LDS owner meet you half way because I think both of you screwed up but as it stands only one of you is paying which isn't fair.
If the LDS doesn't want to meet you half way for violating 2 of my pet peaves, I say sue the thieving bastards for your share + court costs and then you will both learn from this unfortunate incident.
 
Drew,
in defense of the dive shop, I wasn't expressly forbidden to not use anyone else's equipment. They told me I couldn't, and when I protested they offered the excuse that there's no way I could've rented a tank since I only had my classroom and confined water diving done. I thought maybe they could give a local shop a call or something, but apparently not.

Rooster1
Yes, we did have too much going on, that's for sure, but we're very good planners, and had my wife not gotten sick, both we and the LDS would be much happier right now.
I also agree that we're both at fault - I hope that was clear in my first post. My main problem is that they're basically saying that I alone ruined the class because I refused to pick the equipment up when they told me to.

As for suing them, I really don't think it'll come to that - as I mentioned before, I don't want to get more than I'm owed. That's the whole reason for posting my story and asking for your opinions - I just want to make sure that I'm not way off base...you know, like that Wreckwriter guy thinks I am...:rolleyes:

I'm hoping that the owner of the LDS, once he calms down, will be willing/able to reason through this with me, but we'll have to see.

Thanks much for the thoughtful replies. Please keep them coming.
 
Since when is it good business to blame the customer.

If the whole thing is as described, the shop may have made a mistake in taking the customer, and the customer did make a mistake in picking the shop.

Every shop should know to expect illness and scheduling changes. It sounds like you (crrink) tried to work with the LDS, and were willing to accept that you needed to finish in Hawaii, at your own expense.

Don't try to tell me that the shop lost money, when the instructor did not have to actually teach the OW dives. They probably made plenty off of you when you bought your equipment (like every shop apparently does.)

As for rental equipment, why in the world would a closer shop NOT rent to you when they understand you live closer to them (think: POTENTIAL CUSTOMER), and you are in a bind. They would call the instructor or other LDS and confirm your status as a student needing air for a cert class dive.

I guess that the LDS owner knew that: 1) having already sold you your equipment and lessons, that the golden goose was slaughtered; 2) your move would drive you to a new LDS anyway; and 3) your "attitude" and "unreal expectations" mean that you would be a problem anyway.

Dispute the charges if you don't get satisfaction.
Call PADI (or as applies) and discuss with them.
Call the Better Business Bureau.
Tell us who it is so we can stay away.

John
 
https://www.shearwater.com/products/perdix-ai/

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