The Dive Academy shall be construed to comprise “the Company”, as well as all their affiliates, officers, agents, employees, workers, directors and representatives.
2.1 All customers must show proof of diving certification from either PADI, SSI, CMAS, or equivalent certifying organisations if taking part in any non-entry level diving activity.
2.2 All customers must complete and sign the relevant Liability Release and Assumption of Risk Form before commencing inwater activities.
2.3 The Company is not permitted to dispense any medical advice. If you are unsure of a medical matter related to diving or otherwise, please seek advice from a certified Medical Practitioner before engaging in scuba diving or similar activities.
2.4 Upon signing up for any diving course, irrespective of previous experience or training, the Company requires each student to complete a Medical Questionnaire.
2.5 The maximum depth permitted on all Company vessels is 30 metres for Open Water Divers with the Deep Adventure Dive certification, Advanced Divers, Rescue Divers, Divemasters and Instructors. Open Water Divers without any additional Deep training will not be permitted to dive deeper than 18 metres, 59 feet.
2.6 The Company reserves the right to modify and/or cancel diving arrangements for the reasons listed, but not limited to, those below:
2.6.1 the remoteness or inaccessibility of a diving destination;
2.6.2 local custom, war, political unrest and other hostilities (regardless of whether war is declared);
2.6.3 Acts of God (including fire, flood, earthquake, storm, hurricane or other natural disaster); and
2.6.4 other ensuing technical difficulties.
2.7 Customers or students who fail to participate in any dives on a trip, or any course training dives, for whatever reason, shall not be reimbursed by the Company for any unused or uncompleted portion(s) of the trip or course.
3.1 Customers are strongly advised to secure appropriate travel insurance, with a reputable insurance provider, and applicable to the activities they will be undertaking. Such insurance should provide comprehensive coverage of at least the following; Diving, Medical, Travel, Personal Liability and Cancellation provisions. The Company shall not be held responsible for any resultant financial or personal loss or injury where customers choose not to secure such insurance.
3.2 The Company shall not accept any liability for the loss or damage of any luggage or dive equipment whilst on board the boat, nor during the transfer(s) to or from the boat.
4.1 A 3 % fee shall be applicable for all payments via credit card (VISA or Master Card) and via Paypal.
4.2 The number of dives in any package is an estimate based on usual diving circumstances, and not a guarantee. Where circumstances arise, such as, but not limited to; adverse weather conditions, personal illness, technical difficulties, dive site remoteness/inaccessability or personal choice, and cause a reduction in this estimated number, there will be no partial refund in such circumstances.
5.1 Where the customer is negligent or irresponsible, and causes any damage to, or loss of property and equipment belonging to the Company, the customer shall recompense the Company in full, to the current market value of any loss or damage.
5.2 The customer undertakes to be physically, emotionally and mentally prepared and fit to participate in the activities they have signed up for. Any resultant injury or discomfort borne out of any unfitness shall not provide any ground for complaint or refund.
5.3 The Company represented by any of its Instructors, may prohibit an individual’s participation on a dive(s), where they are physically, mentally or emotionally unfit to dive, demonstrate a distinct lack of respect for or handle/harm marine life, consume alcohol between dives, or fail to abide by general international safe diving standards and practices.
6.1 The Company reserves the right to modify, delay and/or cancel diving arrangements where the remoteness or inaccessability of the diving destination, local custom, Acts of Nature as well as war, political unrest and other hostilities or other technical difficulties cause the arrangements to become unsafe, perillous and/ or impracticable.
6.2 Where adverse weather conditions prevail, making it dangerous or inadvisable for the speedboat to travel, the Company shall reserve the right to delay or postpone sailing until more favourable conditions prevail. This may involve an adjustment to the itinerary, which may result in a cancellation of or change to dive site locations.
7.1. Professional courses – A 30% deposit must be paid on the full price of the Pro Course and PADI Materials, regardless of any discounts agreed, before the booking can be fully confirmed.
7.2 The deposit is NON-REFUNDABLE for all Professional courses.
7.3 All deposits and payments in full are NON-REFUNDABLE once payment has been made. Delays to schedules for any reason are allowed as long as the company are kept informed and completion of the course can take as long as needed.
8.1 The Company will refund all monies paid by the customer where the Company itself cancels a trip or course, other than for reasons set out above; the Company shall not accept any financial responsibility for any itinerary changes or cancellations resulting from circumstances outside of the Company’s control, such as, but not limited to, those stated above. In the case of a refund, bank transfer fees will be deducted from the refund.
8.2 If a customer requires emergency evacuation and the boat must return to land, the Company shall not accept any financial responsibility for any ensuing itinerary changes.
8.3 The outstanding balance for all courses booked must be paid in full to the Company before the time the course is due to commence. The outstanding amount will also be non-refundable where a cancellation is made less than 24 hours before the time the trip is due to depart, or the customer is a no-show on the day.
9.1 This contract shall be governed by, construed, and enforced in accordance with the laws of Thailand.