Poseidons Divers

Review: On July 28th, 2013, I purchased 2 SCUBA diving certification "packages" for $350 each ($700 total). One for myself and one for my boyfriend as his birthday present from Poseidon's Divers. After taking a swim qualification test (30 minutes) and spending one hour watching a video about the diving process, I got severe anxiety about diving and wanted to quit the lessons. I was very scared to start actually diving and decided I needed some time to think about it. I asked the instructor to please have the owner, [redacted], call me. I wanted to discuss quitting and what he could do to help me get over my fears if I were to stay. No one ever called me. I called everyday trying to get ahold of [redacted]. Finally I got ahold of him and he told me that there was a no refund policy. This was the first time I had heard of said policy. I told him I wanted my money back anyway because we had not started the actual lessons yet and I was NEVER informed about the policy. And I never signed anything that said I had ever heard or was aware about the policy. [redacted] said he would check with "his people" and get back to me. He never called me back. Finally, after calling everyday for a week, one of [redacted]s employees called me. He also mentioned that they had a policy of no refunds. I told them I had not started any lessons yet and the policy was never made clear to me. He said he would talk with [redacted] and get back to me. No one called me back. I texted them that I wanted to come and see where I had signed something that said I knew about the policy. They text back that they wanted their legal rep there when I came to speak with them and they would let me know when I could come to the shop. No one has called or text me since, and they wont answer my phone calls. The last time they spoke with me was Aug. 5th, and I have called and texted repeatedly since then - with no response.Desired Settlement: Since I was never made aware of any refund policy and have only taken 1.5 hours of their time, I would like a full refund of $700. We had not started any actual diving lessons. I do not count watching a video- where the instructor sat in the back of the room and had US (the students) change the DVD when it needed to be turned to the next chapter - actual lessons. I never signed any document stating I knew the companys policy, I never saw a sign in the shop and I never received a receipt.

Business

Response:

Good Afternoon from Poseidon's Divers.

Attached is the specific locations 3 of 7 posted refund policy signs.

1) Located directly behind front office register.

2) Located in front office beside Owners qualifications and business license.

3) Located beside student class schedule calendar.

Also attached is a snapshot of the website that states the PD refund policy, as well as a statement underlining that PD students MUST satisfactorily complete the NAUI written test with a score of 75% or higher, as well as all applicable water skills; graduation is not guaranteed.

The website proctor will happily provide the dates of the last updates made to the website; which are logged at over 1 year from today's date; the information hasn't changed. Poseidon's encourages customers to fully review the packages they are buying and LISTENING to the instructors upon arrival. To date Poseidon's has (1) unsatisfied customer.

Warmest Regards,

Poseidon's Divers Operations Manager

Business

Response:

In concern of [redacted] complaint ID log [redacted].

Good afternoon, my name is [redacted]; Dive School Assistant Instructor and Poseidon's Divers Operations Manager. I am familiar with the topic in dispute as I spoke to [redacted] on more than one occasion. The points that were addressed were as follows:

1) Customer purchased 2 dive certification packages for $350 per person

2) Customer experienced anxiety related symptoms and decided to quit the program

3) Customer was unaware of refund policy

4) Customer "wanted money back anyways."

5) Multiple complaints about the gear locker and local public property

Foremost I am sorry to hear that [redacted] is experiencing anxiety associated with scuba diving. Our shop is 100% Veteran owned and operated. 4 out of 5 of the staff are disabled veterans with similar experiences and we understand the circumstance. We do offer and frequently are tasked to help our divers through the anxieties associated with open ocean diving. We allow customers up to 1 year to complete our dive program. A motivated individual can do so in as little as a week. Unfortunately our services of customer aid are limited to the willingness of the individual to complete the program. We actively train and work with Navy Seals, Army Special Forces and Marine Recon as well as commercial divers; all trained through the highest level of our program. If someone has a desire to complete a program we WILL ensure that person is aided in every way to do so. Unfortunately this was not the case in this this dispute, and the customers would like to quit the program. I would like to remind them that we still honor their participation for up to 1 year.

The dive packages in question were purchased for a discounted rate of $350. Our standard rate for a Basic Open Water Certification is $550. This price is listed on our website and is accompanied by the first message that once purchased, there is a strict no refund policy. The policy protects the business from customers starting but not finishing the program. We as a small business would be OUT of business if we had the inability to compensate instructors for time spent on courses that are later abandoned. While the potential cases may vary; the owner has established and maintained the policy since our business opened, and many of the local dive businesses share the same policy. This policy is, as previously stated, located on the website, posted in the vicinity of both our front office and also in the gear locker where our students are outfitted. Each class receives a verbal reminder as well when completing the initial NAUI paperwork. The policy is in effect once paperwork is signed, class starts, or student has entered the water.

In regards to the additional complaints of the customer, they have been considered. We are a scuba school and therefore have wet gear on a daily basis; this much will always be true, and apologize if the smell of salt water is bothersome to some customers; but it simply cannot be avoided. The upkeep of gear is a daily process and involves salt water, fresh water, detergents, hanging, drying and transporting gear. while it may appear as things are out of place; there is quite a specific method of which this is completed, and very rarely would our shop be classifiable as "messy." The other complaint involved a BBQ and consumption of "beer" in the alleyway. We must make clear the the alleyways is a public alley, and our shop is situated between houses on ALL sides. We have no control of who or what is consumed in the alley; but maintain excellent relations with our neighbors. The owner, [redacted], as well as employee [redacted] are Mission Beach town council members of sections 5 and 6 respectively. Unless illegal activity is observed, we simply have to live peacefully with our neighbors.

While the customer has indeed contacted multiple times regarding the refund; the simple answer is that we have a strict refund policy. I spoke with the customer and personally stated this policy and told her she would be contacted after I notified the owner, whom she had already talked to. The policy remains steadfast and we can only tell someone the same thing so many times. With 5 employees of which 2 are full time, it is quite an undertaking staying on top of and organizing dives, classes, paperwork, gear and equipment upkeep, customer complaints, and daily business and communication. We are frequently 100% engaged and often ALL conducting class or dives. We generally have to respond to voice mails of customers and other merchants. The business manager and owner are both fully aware of the situation and will happily honor the dive package purchase up top one year from the purchase date with no additional fees. Past one year traditional daily rental fees will apply, generally a market-wide standard. At this time this is the ONLY refund request this year, and the second on record. We train according to a high military standard and very rarely have complaints. Poseidon's Divers thanks everyone individually for their business, and strive for satisfied, qualified, confident divers; and are always happy to help customers get there.

Thank you and best regards from Poseidon's Divers,

Respectfully,

PD Operations Manager

Consumer

Response:

I have reviewed the response made by the business in reference to complaint ID [redacted], and have determined that this proposed action would not resolve my complaint. For your reference, details of the offer I reviewed appear below.

According to the response, I WAS made aware of the strict no refund policy. This is completely untrue. I never saw a sign in the store, no signs were pointed out to me, I never received a verbal statement, I never received any kind of written statement of the policy, I never received a receipt, and I never saw the policy on the website. I found the company on Groupon, which I then called the company and was told not to purchase through the Groupon site. So therefore, I never read the policies on Groupon. And since I found the company on Groupon vs. their website, I never read the policies on their website either.