Kicked out of Nitrox Class!!

[MikeFerrara]

Groundhog246 once bubbled...


Legally speaking, NO. In retail terms your course is a "product" and you don't have the legal right to refuse to sell that "product" to anyone (exception for gear, you CAN require a C card, same as a card renatl company can require proof you have a drivers license). Now, you can ask them to establish they're physically fit enough, require a medical clearance, etc., but you can't unilaterally refuse to provide the course.

I guess I can't argue the letter of the law but I'll give a silver dollar to the person that can force me to take a student I don't want. My class isn't a product it's a service and I'll provide it when, where and to whome I choose.

Just like the local bar I reserve the right not to serve.

I just turned down a student because she was 11 years old. The agency says that's old enough. I say I don't take students that yong.

 

[RICHinNC]

There are a lot of time I think I should get a lawyer and dont...but this is one where I really think I would follow through.

 

[wrongkey]

Mike, from everything I've read about your open water course, if I lived in your area, I would have told the friend in question to go to you, and not whine about the price, and I can promise you, he would have been there, money in hand, book read in advance for the first day of class. He would probably have tipped, too.

It would help to know which manufacturers are the worst offenders.

I tried to give my LDS the sale on my regulator. Not one thing they did had one thing to do with my decision about what to get. I made my decision based on the recommendations of people I respected who had no stake. I did my research, and I knew what I could get it for, through authorized channels in Europe.

My LDS had recently become a dealer that could get it, even though they didn't carry it. They also had no maintenance support. In other words, they had nothing to add to an on-line deal. I give them money, they give me regulator, service is to be elsewhere. So I asked what was their best price to get it for me. Their best price was 100% of USA manufacturer's suggested retail, which was getting close to double what diveinn.com wanted for it.

Helluvit is, I probably would have bought it from them if they'd have gotten close to 100 or so bucks of the internet price, just to give them the business. I assume they had no room to do that.

It's a problem, and it's a problem for all of us, but it's most directly a problem for an LDS.

 

[MikeFerrara]

RICHinNC once bubbled...
There are a lot of time I think I should get a lawyer and dont...but this is one where I really think I would follow through.

Well maybe you could but juries award for damages and I don't see much of that here. I could see it now...

Mental anguish.... $0.67
Lost income.....zilch
time spent $1.25...why should he make more than the instructor?

Total award... $1.92

Be better to just go to Mcdonalds and dump cofee in your lap.

 

[MikeFerrara]

wrongkey,

Yes there are plenty of shops that aren't helping things any. I myself have plenty of reasons not to trust dive shops. How do you think I ended up owning one? LOL. It sure wasn't because I thought I was going to get rich.

 

[domino22]

I have rapidly read most of the responces and have the following responce to comments recieved. 1) Dive shop is "WE-B-Divin" 8451-D North Richland Hills, Texas.76180. (817)605-8833. www.we-b-divin.com divers@we-b-divin.com 2) Owner and instructor who threw me out of the nitrox course 05/21/2003 at approx 8 pm CST-Judy Kay 3) I will compose a complaint letter this weekend when I cool down and send it registered mail on Tuesday to PADI filing my complaint.4) I was so shook up I forgot about my $25 deposit she still has. Based on the over whelming responce I am glad ya'll feel the same utter amazement that I felt and have been replaying in my mind since last night!

 

[wreckchick]

Mike,

The problem for us, the consumers, is that the manufacturers sell the product when we buy it from the LDS or from the internet. They have no stake in keeping the LDS in business because for them they don't lose business either way. I have bought almost everything from my LDS and I don't mind that I paid more than online prices, but the reality is if I don't have a relationship with a local dealer for a product line I like, why not buy online?

I'm aggrievated that the manufacturers have this weird dealership thing to begin with. You can buy Tide and Pampers everywhere, that allows everyone to compete based on other factors, like service and support (ok, the Pampers example is a bad one). It doesn't make sense from their business perspective to leave out potential customer pools by limiting the number of shops that sell the product. At the same time, there is a increased burden to the LDS if they are allowed to sell everything because of the increased overhead of inventory.

I dunno, now I'm just rambling.

Rachel

 

[Groundhog246]

MikeFerrara once bubbled...

I guess I can't argue the letter of the law but I'll give a silver dollar to the person that can force me to take a student I don't want. My class isn't a product it's a service and I'll provide it when, where and to whome I choose.

Just like the local bar I reserve the right not to serve.

The bar must have a reason, "I don't like you" isn't good enough. "You've had enough" is and I'd think, "you caused trouble the last time you drank here" would be also.

I just turned down a student because she was 11 years old. The agency says that's old enough. I say I don't take students that young.

And I'll back you 100% on doing so. A requirement to demonstrate sufficient maturity would certainly be a valid requirement. So would being strong enough to carry a cylinder, weight belt and BC. Certainly my 11yo is not mature enough yet.

 

[wreckchick]

Groundhog246 once bubbled...


The bar must have a reason, "I don't like you" isn't good enough. "You've had enough" is and I'd think, "you caused trouble the last time you drank here" would be also.

As a bartender you have the right to refuse service to anyone for any reason. I don't like you may be the reason, but you can just refuse to serve and assert your right to do so.

R

 

[MikeFerrara]

Groundhog246 once bubbled...





And I'll back you 100% on doing so. A requirement to demonstrate sufficient maturity would certainly be a valid requirement. So would being strong enough to carry a cylinder, weight belt and BC. Certainly my 11yo is not mature enough yet.

I didn't do anything to test her maturity. I never met her and made my decision strictly based on age, well, and her father prowis in the water. LOL