TERMS OF USE

Latest Update: 4 June 2025

These Terms of Use (“Terms”) govern your access to and use of the website, services, training sessions, and courses provided by Apnea Center, a freediving training organization operating in Dubai, UAE and Zurich, Switzerland. By accessing our website or using our services, including making a payment via the Stripe platform, you agree to be legally bound by these Terms.

1. INTRODUCTION

This document constitutes a legally binding agreement between you (“Participant”, “you”, or “your”) and Apnea Center. By using this website or purchasing our services, you confirm that you have read, understood, and agreed to these Terms in full.

2. DEFINITIONS

  • “Apnea Center”: The service provider.
  • “Participant”: Any individual who books or uses our services.
  • “Services”: All offerings including diving sessions, courses, training packages, and retreats.
  • “Released Parties”: Apnea Center and its affiliates, instructors, assistant instructors, agents, and AIDA International.

3. ELIGIBILITY AND USER REPRESENTATIONS

You must be at least 18 years of age to use our services, or otherwise have the express consent and ongoing supervision of a parent or legal guardian. By accessing or using our services, you affirm that you possess the legal capacity to enter into binding agreements, and that all information provided by you is truthful, complete, and up to date. You further represent that you are using our services solely for lawful purposes and in compliance with all applicable laws and regulations. Any false representation of identity, age, or authority to consent may result in termination of your access and may expose you to legal liability.

4. SCOPE OF SERVICES

Apnea Center offers seasonal training sessions and courses, including but not limited to:

  • Full Season Pass (CHF 375): Includes up to two lake sessions per week (May–October 2025), half price AIDA courses*, and a towel/poncho. Purchase Online
  • Half Season Pass (CHF 250): Valid from 1 August 2025; poncho not included. Purchase Online
  • One Calendar Month Pass: Purchase Online
  • Single Training Session (CHF 50): Pay online, or in cash or via TWINT before entering the water.

All prices are subject to change

*All course requirements must be completed during normal training sessions and must be completed during the current season year (end of May through October). Half-price promotion does not include Instructor certification. Required pool sessions must be booked and paid separately for all half-price courses (pool – CHF 25 per Participant, minimum 2, or CHF 50 for private session, and Participant must pay their own pool entry fee).

Pool sessions and course fees are not included unless stated. Pool sessions are not included with any Season Pass or with discounted courses and will be charged separately. Full Season Pass holders may receive discounted course rates subject to eligibility. Course requirements for discounted courses must be carried out during the normal weekly training sessions. Calendar Month Passes must be used for a calendar month (not any 30-day period), as chosen by Participant upon purchase. In rare cases where exeptions to the calendar month rule are made, then the monthly pass may be used in any consecutive 4 week period. Please note, passes may not be paused for any reason, and then restarted later.

Rentals:

All freediving gear is offered on a per-day basis (“rent” means one calendar day) unless we confirm a different period in writing. Stock is limited and bookings are first-come, first-served; no availability is guaranteed until full payment (and any required deposit) has been received. Prices can change without notice up to the moment we accept and settle your order. Equipment is collected and returned by appointment only at our Adliswil–Zurich shop; you must arrange a timeslot in advance and present ID at pickup. For larger orders we may, at our discretion, ship outside Zurich, but all postage, customs, insurance and handling charges are solely your responsibility and risk passes to you once the items are handed to the carrier. Rented wetsuits must be rinsed thoroughly in fresh water, air-dried, and returned no later than 18:00 on the day after the rental day unless otherwise agreed in writing; late returns incur an additional full day-rate plus a CHF 20 administration fee. You are liable for loss, theft, excessive wear, damage, or cleaning costs beyond normal use.

5. ACCOUNT REGISTRATION AND SECURITY

Account registration may be required to access some services. You are responsible for safeguarding your credentials.

6. USER CONDUCT AND ACCEPTABLE USE

You agree to use the website and services lawfully. You must not:

  • Violate any laws
  • Misrepresent your identity
  • Disrupt service functionality

7. BOOKINGS, PURCHASES, AND PAYMENTS

All payments are processed securely via Stripe, a third-party payment service provider, by APCE Consulting FC-LLC (Dubai, UAE). By submitting your payment information and confirming your purchase, you expressly authorize Stripe to charge your selected payment method for the total amount due for the selected package. You are responsible for ensuring that your payment method remains valid and has sufficient funds or credit.

In rare special cases, Apnea Center may permit the Full Season Pass or other offerings to be paid through a deferred billing arrangement, split into recurring installment payments. You acknowledge that this option does not constitute a subscription and that the full amount is due and payable in accordance with the disclosed schedule.

You understand and agree that:

  • Deferred billing constitutes a binding financial commitment;
  • You may not cancel, reverse, or dispute any of the installments once initiated, except where required by law;
  • Non-payment or failed transactions may result in cancellation of access without refund.

These arrangements are legally binding and governed under:

  • Swiss law: including Art. 8 of the Unfair Competition Act (UWG, SR 241) and Art. 40a ff. of the Swiss Code of Obligations (OR, SR 220) for participants residing in or receiving services in Switzerland; and
  • UAE law: including Federal Decree-Law No. 46 of 2021 and Cabinet Decision No. 66 of 2020 for participants residing in or receiving services in the United Arab Emirates.

8. CANCELLATIONS, RESCHEDULING, AND REFUND POLICY

  • Passes are non-transferable.
  • You must cancel at least 48 hours in advance to retain session credit.
  • Season Passes, Monthly Passes and Single Sessions are non-refundable except where legally required.
  • Travel retreats may be canceled by Apnea Center for any reason; In such cases, refunds will be issued.
  • No-shows and misconduct may forfeit rights to refunds and the future use of the Apnea Center Services.

9. PROMOTIONS AND DISCOUNT CODES

Discounts are valid under specified terms and cannot be combined or transferred.

10. INTELLECTUAL PROPERTY RIGHTS

All content on this website is owned or licensed by Apnea Center. Unauthorized use is prohibited.

11. PRIVACY AND DATA PROTECTION

Apnea Center is committed to safeguarding your personal data and respecting your privacy in accordance with the highest legal standards. We process all personal data collected from you through our website, registration systems, communication, and service bookings in accordance with:

  • The Swiss Federal Act on Data Protection (FADP, SR 235.1), and
  • UAE Federal Decree-Law No. 45 of 2021 on the Protection of Personal Data.

This includes the collection, storage, use, transmission, and erasure of your personal data in a lawful, transparent, and secure manner. We collect only the personal data necessary for the purposes of registration, billing, communication, session administration, customer service, and compliance with applicable laws.

Your data may be shared with trusted third-party service providers, including Stripe, for payment processing. All third-party service providers are bound by strict contractual obligations to protect your data and may only process it in accordance with applicable data protection legislation. Stripe’s data processing is governed by its own privacy policy: Stripe Privacy.

By using our services or accessing our website, you explicitly consent to the processing of your personal data as described herein. You have the right to access, rectify, and, where applicable, request the deletion or restriction of your personal data, subject to legal retention requirements. Requests should be sent to info@apnea.center.

We implement appropriate technical and organizational security measures to protect your data from unauthorized access, disclosure, alteration, or destruction. In the event of a data breach that may affect your rights or freedoms, we will notify you in accordance with applicable data protection laws.

Please note that by accepting these Terms, you acknowledge that your personal data may be processed and stored outside your jurisdiction, including in Switzerland and the UAE, and you accept the associated risks within the scope permitted by law.

12. DISCLAIMER OF WARRANTIES

Services are provided “as is” without warranties of any kind. Apnea Center disclaims all implied warranties to the extent permitted by law.

13. LIMITATION OF LIABILITY

To the maximum extent permitted by law, Apnea Center shall not be liable for any damages unless caused by gross negligence or willful misconduct.

14. INDEMNIFICATION

You agree to fully indemnify, defend, and hold harmless Apnea Center, its owners, officers, directors, employees, instructors, assistant instructors, agents, contractors, affiliates, and partners (collectively, the “Indemnified Parties”) from and against any and all claims, demands, actions, causes of action, losses, liabilities, damages, fines, penalties, costs, and expenses (including legal and professional fees) arising from or related to:

  • Your access to or use of the website or services;
  • Any violation or breach by you of these Terms;
  • Your negligence or willful misconduct;
  • Any misrepresentation made by you;
  • Your failure to comply with any applicable laws or regulations;
  • Any bodily injury, property damage, or other loss incurred during participation in Apnea Center activities.

This indemnification obligation is binding and enforceable under applicable Swiss and UAE law and survives termination of these Terms and your use of the services. You agree to cooperate fully with Apnea Center in the defense of any such claim and not to settle any matter without prior written consent from the Indemnified Parties.

15. ASSUMPTION OF RISK AND MEDICAL DISCLAIMER

Participation in Apnea Center activities is strictly voluntary and undertaken entirely at your own risk. By registering for any service or activity, you expressly confirm that you are in proper mental and physical condition to engage in freediving and have obtained any necessary medical clearance. You further agree to comply fully with all safety instructions and protocols issued by Apnea Center or its instructors.

Freediving is a high-risk activity that involves serious danger, including but not limited to physical injury, loss of consciousness, paralysis, and death. You fully understand and accept these risks. You acknowledge that these risks cannot be completely eliminated regardless of the precautions taken by Apnea Center or its instructors.

To the fullest extent permitted by law, you agree that Apnea Center, its owners, directors, officers, employees, instructors, assistant instructors, contractors, agents, and affiliates (the “Released Parties”) shall not be liable for any injury, disability, loss, damage, or death arising from or connected with your participation in any activity, training, course, or session, whether in open water, pool, classroom, or any other setting. This includes but is not limited to claims based on negligence, omission, or error of any Released Party.

You voluntarily and knowingly waive, release, and discharge all Released Parties from any and all claims, demands, and causes of action of any kind, whether known or unknown, arising out of or connected to your participation in Apnea Center activities. This waiver applies to any liability for personal injury, death, property damage, or other loss, even if caused by the negligence of a Released Party, except in cases of gross negligence or willful misconduct as defined under applicable Swiss or UAE law.

You confirm that you are not under the influence of alcohol or any substance contraindicated for freediving at the time of participation. By accepting these Terms and completing payment, you agree that this assumption of risk and release of liability is irrevocably binding and enforceable in all relevant jurisdictions, and applies to all activities under the auspices or sponsorship of Apnea Center.

16. WAIVER AND RELEASE

By participating in any activity or service provided by Apnea Center, you expressly and irrevocably waive, release, and forever discharge the Released Parties, including Apnea Center, its owners, directors, officers, employees, instructors, assistant instructors, contractors, agents, affiliates, and AIDA International, from any and all liability, claims, demands, causes of action, or damages of any kind or nature, whether known or unknown, arising out of or in connection with your participation in Apnea Center activities.

This includes, but is not limited to, any claims for injury, disability, illness, property damage, or death, whether caused by ordinary negligence, inherent risks of freediving, or other acts or omissions. You acknowledge that this release extends to all claims, whether foreseen or unforeseen, suspected or unsuspected, and that it is intended to be as broad and inclusive as permitted by applicable law.

You expressly agree that this waiver and release shall be binding upon you, your heirs, executors, administrators, legal representatives, and any person claiming through you. You further affirm that no oral representations, statements, or inducements apart from these Terms have been made to influence your consent to this waiver.

This waiver does not apply in the event of gross negligence or willful misconduct as defined by Swiss or UAE law. Nothing herein shall be construed to limit or waive any rights that may not lawfully be waived under applicable mandatory consumer protection laws.

17. THIRD-PARTY LINKS AND EXTERNAL CONTENT

Apnea Center is not responsible for third-party content accessed through our website.

18. FORCE MAJEURE

We are not liable for any delays, interruptions, or failure to perform our obligations under these Terms if such delay or failure is caused by events beyond our reasonable control. These may include, but are not limited to, acts of God, natural disasters, adverse or dangerous weather conditions (including storms, high winds, lightning, and poor visibility), extreme air or water temperatures, government actions, regulatory restrictions, public health emergencies, labor disputes, supply shortages, equipment failures, transportation disruptions, or any other force majeure event.

Participants acknowledge that the nature of outdoor freediving activities inherently depends on environmental conditions, which are subject to change without notice. Apnea Center reserves the right to cancel, delay, or modify scheduled sessions to ensure safety and regulatory compliance. Such decisions shall be made at Apnea Center’s sole discretion and shall not constitute grounds for liability or refund unless otherwise expressly stated.

19. AMENDMENTS TO THE TERMS

We may update these Terms at any time. Continued use implies acceptance of changes.

20. TERMINATION OF USE

We reserve the right to suspend or terminate your access to our website or services for breach of these Terms.

21. GOVERNING LAW AND JURISDICTION

  • Swiss law and Zurich courts for services rendered in Switzerland.
  • UAE law and Dubai courts for services rendered in UAE.

Mandatory provisions under Swiss PILA (SR 291) and UAE Civil Procedure Law remain unaffected.

22. DISPUTE RESOLUTION

We encourage informal resolution before legal proceedings. Legal action must be taken in the respective jurisdiction outlined above.

23. SEVERABILITY

If any provision is held invalid, the remainder shall remain in effect.

24. ENTIRE AGREEMENT

These Terms constitute the entire agreement between you and Apnea Center regarding website and service use.

25. CONTACT INFORMATION

Apnea Center
Uetlibergstrasse 244, 8045 Zürich, Switzerland
Al Fattan Sky Towers, Dubai, UAE
Email: info@apnea.center
Phone: +41 79 688 66 26 | +971 5 583 28785

26. LANGUAGE AND INTERPRETATION CLAUSE

In case of discrepancies between translations, the English version prevails.

27. CONSENT AND AGREEMENT

By using our website or services, you confirm your agreement to these Terms of Use and consent to be legally bound.