LDS fails to deliver OW portion of PADI rescue, says tough luck

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USFpsychDiver

Contributor
Messages
246
Reaction score
117
Location
Tampa
# of dives
500 - 999
Shop: Planet Scuba, Tucson AZ
Facts (reported as accurately as an individual's perspective allows):

I enrolled and paid for PADI rescue from Planet Scuba in June of this year (one other student was enrolled). As is usual, there was a disclaimer on their web site course description that the course fees did not include additional fees associated with the open water portion, like trip, boat, or site fees. I took the classroom sessions on June 18 & 20 and the pool session on June 23rd, then waited for the OW sessions to be scheduled. After a couple of weeks of hearing nothing I wrote to the instructor asking what was up with scheduling and provided my open weekends for the next two months (I was available approximately every other weekend). The other student provided his availability. The instructor responded that he was coordinating with the shop but that he couldn't schedule on his own, the shop had to approve of the schedule. This process was repeated at least twice, with no one contacting me; I had to take the initiative and contact the instructor, who said he was waiting on the shop. After eight weeks of no action I sent a firmly worded, but polite and respectful, request for action to the shop, stating that this was an unreasonable delay between the classroom and pool sessions and the OW sessions. About a week after that I received an e-mail from the shop (copied below with student and instructor's names redacted):

"It is unfortunate that a lack of communication and our decision to break ties with [instructor] have caused confusion for [other student] and [USFPsychDiver]. Our goal is ALWAYS for divers to have good, reliable, safe and fun training! Congrats on taking your diving to the next level, Rescue diver is a great certification. We feel that it would be in [other student] and [USFPsychDiver's] best interest to complete the certification through [instructor], and you may make any arrangements through him directly. We as a shop in no way want to interfere or cause any confusion or delay for you as divers.
[Instructor] is a good instructor and you are in capable hands.
To address [instructor's] comments of not getting paid, we have a policy that any instructor should fill out forms upon completion of instruction, and they get paid at that time. His charge of $40 is exactly what we charge...it breaks down to $10 per dive. The shop does not up charge in any way any of the instructor fees...it all goes right to them.
Again, our sincerest apologies for any confusion caused in this. [Shop owner] did call [other student] last week and send him an email, to which there was no response. Furthermore, [Shop owner] has emailed and called [instructor] with no response.
There are no hard feelings, we only wish the best for all parties involved. The diving community is filled with many people and good instructors, and we know that you will be well taken care of on your rescue dives.
Warm regards"

I replied that while I agreed that for instruction continuity is was best to keep the same instructor, and that I would continue to try to schedule with the instructor, that I held Planet Scuba responsible for delivering the instruction that I had paid for. I provided them with a list of four weekends that I was available through October and November, and said that if they were unable to deliver the remainder of the course by the end of November, that I would take that as evidence that the, by then 5 month delay, would constitute evidence that they were unable to deliver the paid-for service. Their response was:

"Per a conversation [shop owner] had with [instructor] today, the three of us are all in agreement that it is best to schedule a trip with [instructor]. At this time, we do not have any rescue diving trips scheduled, nor would we be able to provide an instructor on the dates that [USFPsychDiver] specified.
Your folders will reflect completion of the obligation of both the pool and academic requirements.
We do not show any payment or deposits for any trips, and we have agreed that [instructor] is welcome to coordinate a trip at the time and fees he chooses.
At this point, Planet Scuba has fulfilled all obligations you both have paid for, and we are very grateful for your business and understanding. As we've stated before, you have received excellent training and education from [instructor]."

I read the above as 'we're done with you, tough nuts'. The fact that I never put down a deposit on a trip is entirely due to the fact that they never offered a single trip with OW rescue training, nor to they have a single one scheduled. I've taken enough dive classes to know that the course fee covers all training, i.e. everything except incidental fees, like charter costs or site costs, associated with the OW training. Planet Scuba has never offered the OW portion, the instructor is now gone and has not responded to my queries about scheduling the OW sessions. I consider Planet Scuba's conduct in this matter to be, at best, unprofessional.

Given that it has been 10 weeks since paying for the course, contesting the credit card charge is likely to be difficult to impossible. I have filed a complaint with PADI, but I do not expect any action from them (they have not acknowledged receipt of my complaint).. My only other recourse is to report my experiences in social media so that other potential customers may learn from my experience.
 
Wow, not good. If you're still interested in completing the open water portion, my boyfriend is a Master Scuba Diver Trainer in San Carlos and would be able to do that portion of the class with you. He is not affiliated with any of the shops in Tucson, but rather teaches out of Paradiso Hotel in San Carlos. PM me if you want his contact information.
 
How much did you pay for the class. Is it possible that you only paid for the classroom portion?

I paid something like 400 for my rescue class which included everything including the boat trip etc.

What I would do is call around to other shops and find out how much you class should have cost and what would have been included and compare it to what you received. The I would file small claims action for breach of contract in not supplying the water portion of the instruction I would name the instructor and the shop. I would demand the portion of my money for the OW sessions back because now I would not feel like I could receive quality education after filing a civil suit.

I would be prepared in court to show 4 examples / comparable for the quality and level of instruction vs the price. It will cost you like 25.00 and a 1/2 day of time but it is going to look bad for the shop and cost them 1/2 day and the instructor a 1/2 day to shop in court.
 
Who did you actually PAY for the course? (where is the receipt from?)

What did you actually PAY for the course? (what is the receipt for?)

What is the shops publicized policy on cancellations/refunds, if any?

Was the instructor an employed member of staff or a sub-contractor/freelancer?
 
How much did you pay for the class. Is it possible that you only paid for the classroom portion?

I paid something like 400 for my rescue class which included everything including the boat trip etc.

What I would do is call around to other shops and find out how much you class should have cost and what would have been included and compare it to what you received. The I would file small claims action for breach of contract in not supplying the water portion of the instruction I would name the instructor and the shop. I would demand the portion of my money for the OW sessions back because now I would not feel like I could receive quality education after filing a civil suit.

I would be prepared in court to show 4 examples / comparable for the quality and level of instruction vs the price. It will cost you like 25.00 and a 1/2 day of time but it is going to look bad for the shop and cost them 1/2 day and the instructor a 1/2 day to shop in court.

My experience out here is that the price does not include ow portions due to the fact that all ow diving will involve some travel. Price usually includes the course, materials and pool sessions. The nearest diving spots are Lake Pleasant at ~2 hours away or San Carlos at ~5 hours away.

The shop has been notified about this thread so that we might hear both sides of the story. I am not associated with the shop in any way other than as a customer.
 
It looks like you paid shop $40. Subcontractor instructor billed shop $40 and didn't get paid therefore shop owes you $40 back and your out a couple afternoons. Does that sum it up? Or am I missing something?
 
I paid $267.80 for the course. I have the receipt but not in front of me, so I can't report what exactly is written on the receipt (I'm in Florida on a dive trip). The course description contains the following:

"Price includes materials and tuition. Does not include open water trip for certification."

I did not expect the price I paid to include a dive trip. I did expect all portions of the class to be offered, and the OW portion was never offered. It appears that the dive shop had a falling out of some sort with their instructor for the course and as a result the currently enrolled students received only 2/3rds of a course. I do understand it's common practice in OW courses to do the classroom and pool sessions in one place with one instructor and to do the OW checkouts somewhere else, but that's clearly stated and priced accordingly at the beginning (and I do not believe it is common practice for more advanced courses). I don't have a problem with shops making a reasonable profit (they need to stay in business) and for instructors to get paid for their time. What I object to is a shop selling me a course, delivering part of it, and then, across what I consider an unreasonable period of time, failing to deliver the final portion, and telling me, basically, "it's not our problem" (in a most polite way). In a scuba course, leading to a certification, two-thirds of the course doesn't get you there. It seems akin to me of a college offering a bachelors degree in English that requires a course in American Literature, you take all the other courses, pay tuition that includes American Literature (but the associated not books and fees, here the trip costs) then they never offer the American Literature class, so you can never get your degree (without transferring to another college and paying tuition again). Reasonable people might disagree about what you owed them for the other classes you took, but I think it would not be unreasonable to report them to their accreditation body and to inform other potential students.
 
If you paid the dive shop a fee for the course, it is the shop's responsibility to provide you the COMPLETE course for that price, including any fees paid to the instructor. Fees to third parties ( admission fees to a recreational area, fee paid directly to boat operators) should be paid directly to them, and are not included. If the shop does not deliver, then they owe you a refund of the entire fee paid for the course. In Colorado we have a small claims court that makes enforcing that contract possible without a lot of time and expense. I am sure Arizona has the equivalent. I will note that at our shop, when a student signs up for ANY class, they are given at least 3 definite dates for the open water training that they can select, and sometimes even more What you LDS did is wrong. Thanks for the post.
DivemasterDennis, aka Dennis Jacobson, attorney at law.
 
It's hard to follow your post, but if you paid for the dives and didn't get them, whoever you paid owes you a refund.

If you paid with credit card, just protest the charge with the CC company and they'll give you back your money.

If you paid cash or check, you just learned a ($40?) lesson.

flots
 
https://www.shearwater.com/products/teric/

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