Legal · Terms

Terms of service.

These terms govern your use of the N35.9 website and any booking made through N35.9 for dive instruction, guiding, or expedition services. By using this website or making a booking, you agree to these terms.

Last updated: 3 August 2026

N35.9 is the trading name of Dan Lipton, sole trader, registered in the United Kingdom.

1. Services

N35.9 provides private scuba diving instruction, guided diving, and curated dive expeditions. All instruction is delivered by Dan Lipton, a certified dive instructor, in accordance with the standards of the relevant training agency (e.g. PADI, SSI, SDI).

2. Enquiries and bookings

Submitting an enquiry does not constitute a booking. A booking is confirmed only when a deposit has been received and a written confirmation has been issued by N35.9.

3. Pricing and payment

All prices are quoted in the currency agreed at the time of booking. Your quote will detail the day rate, course and certification fee, and boat charter as separate line items.

Payment is made by direct bank transfer only. We do not accept credit or debit card payments. Payment details will be provided in your booking confirmation.

A deposit is required to confirm a booking. The balance is due no later than 30 days before the start of the course or trip, unless otherwise agreed.

4. Cancellation and refunds

By you

  • Cancellations made with one month's notice or more: the day-rate portion of the deposit will be refunded in full. The course fee portion is non-refundable once submitted to PADI for certification processing.
  • Cancellations made with less than one month's notice: a credit note will be issued toward an alternative date. The course fee portion remains non-refundable.
  • No-shows without prior notice: no refund or credit will be issued.

By us

  • If N35.9 cancels a course or trip for any reason (including weather, safety, or instructor availability), you will receive a full refund of all amounts paid, or the option to reschedule at no additional cost.
  • If individual dive days are lost to weather or sea conditions during a multi-day course, we will make reasonable efforts to reschedule those days within the trip. If this is not possible, a partial refund or credit will be issued for the affected days.

These terms are set out in full, including how refunds are processed, in our Refund Policy.

5. Health and fitness requirements

Scuba diving carries inherent risks. All participants must:

  • Complete a standard RSTC Medical Statement before training begins. If any conditions are indicated, a physician's clearance is required at the participant's expense.
  • Disclose any medical conditions, medications, or recent surgeries that may affect fitness to dive.
  • Meet the fitness and swimming requirements of the relevant training agency. These will be discussed during planning.
  • Not dive under the influence of alcohol or drugs.

N35.9 reserves the right to pause or end training at any time if, in the instructor's professional judgment, continuing would present a risk to the participant's safety or the safety of others. In such cases, a partial refund or credit may be issued at N35.9's discretion.

6. Assumption of risk and liability

Scuba diving is an adventure activity with inherent risks, including but not limited to decompression illness, barotrauma, drowning, marine life injuries, and equipment malfunction. By participating in any N35.9 course or activity, you acknowledge these risks and confirm that your participation is voluntary.

N35.9 carries professional liability insurance through DAN Europe. All instruction is delivered in accordance with the standards of the relevant training agency.

To the fullest extent permitted by law, N35.9's total liability for any claim arising from a course or activity is limited to the total amount paid by you for that specific course or activity. This limitation does not apply to liability for death or personal injury caused by negligence, or any other liability that cannot be excluded by law.

N35.9 is not liable for loss, damage, or injury arising from circumstances beyond our reasonable control, including but not limited to weather, natural events, third-party transport, or government restrictions.

7. Equipment

All dive equipment provided by N35.9 for use during training is maintained in accordance with manufacturer guidelines and industry standards. Equipment provided as part of the welcome pack (dive mask, mouthpiece, defog, and logbook) becomes the participant's property.

If you choose to use your own equipment, it must be in serviceable condition. N35.9 reserves the right to inspect personal equipment and to require the use of N35.9-provided equipment if personal equipment is deemed unsuitable.

8. Certification

Your certification is issued by the relevant training agency (e.g. PADI, SSI) upon completion of all required knowledge, skill, and open water training — delivered through N35.9. Private instruction means you get more time and attention than a group course, and the vast majority of students complete their certification comfortably within the planned schedule.

If you need a little more time — whether that's an extra dive, an additional skills session, or simply another day to build confidence — we'll work with you to arrange it. Any additional training will be discussed and agreed together, and quoted transparently.

9. Photography and media

N35.9 photographs and films during courses and dives to create training review material and to provide you with media of your experience. All photos and video from your trip are yours to keep and use however you like — share them, post them, print them.

Unless you provide specific written consent, no images or video identifying you will be used by N35.9 in marketing, on social media, or on the N35.9 website. You may give or withdraw media consent at any time by contacting dan@n359collective.com.

10. Intellectual property

All content on the N35.9 website — including text, images, design, and code — is the property of Dan Lipton / N35.9 unless otherwise credited. You may not reproduce, distribute, or use any content without written permission.

11. Third-party services

N35.9 arranges boat charters, equipment hire, and site access through third-party operators. These operators are independent and N35.9 is not responsible for the acts or omissions of third parties. Where relevant, participants may also be subject to the terms of these operators, marine parks, or local authorities.

12. Governing law

These terms are governed by the laws of England and Wales. Any dispute arising from these terms or any booking will be subject to the exclusive jurisdiction of the courts of England and Wales.

13. Changes to these terms

We may update these terms from time to time. The current version will always be available on this page. Material changes will be communicated to clients with active bookings.