1. The Contract
The following booking conditions and information form the basis of your contract with Sea Fun Divers Limited (“the Company”) of 14 Kata Noi Rd., Karon, Muang, Phuket, 83100, Thailand. Your contract will be with the Company. Your contract with the Company is made once the specified deposit has been paid and the Company has signified, in writing, its acceptance of the booking and you have been sent written confirmation by email from the Company.
These terms and conditions and the booking form will form the entire terms of the contract between the Company and the person making the booking (the lead client), who will be deemed to agree to the booking for and on behalf of all other persons named on it. The agreement to the booking by the lead client will constitute acceptance of these conditions by all the clients and the parties named on it and as confirmation that the lead client has authority to act on behalf of all other persons named on the form. If you have any special requests outside the services offered the Company will endeavour to assist but is not obliged to do so. These must be notified to the company in writing before booking. After booking they will be treated as an alteration and a charge made (see below). Any additional costs of a special request must be borne by you.
(1) The specified deposit is due on booking.
(2) The balance of the holiday cost as set out on the Company’s confirmatory email to you must be paid to the Company not later than 8 weeks prior to the date of departure. Failure to do so will result in the booking being treated as cancelled by you. Cancellation charges will be payable as set out in Clause 5 below.
(3) In the case of bookings made less than 8 weeks before the departure date, payment must be made in full upon booking.
3. Price Policy
The Company reserves the right to alter the prices advertised in the Internet homepages prior to booking. After a booking has been made the Company reserves the right to alter the price as a result of Thai or foreign government action (including changes in the rate of VAT and any other duties or levies), currency fluctuations or increases in transportation costs. If the alteration results in an increase of more than 15% of the original cost quoted, you may cancel the booking and obtain a full refund, less an administration fee of not more than US$40 per person. In the event of an increase, an amended email will be sent to you which is payable within 7 days. The Company will absorb an amount equivalent to 2% of the holiday price and only an amount in excess of this 2% will be passed on to you. No increase will be made within 30 days of departure. In the event that the holiday you have bought is subsequently sold or offered for sale at a lower price than you paid, we will be under no obligation to refund the difference in the price.
4. Holiday Descriptions
The information about the tours featured in our marketing materials are given in good faith and believed to be accurate at the time of publication. However, it may also prove necessary for the Company to vary or modify a tour itinerary or its contents due to local prevailing conditions. You agree to such necessary variations or modifications being made and also agree to be bound by the decision of the tour leader or representative appointed by the Company. In such circumstances the Company reserves the right to substitute alternative arrangements.
If you wish to cancel your holiday, written notification must be given to the Company by the Lead Client. The date of cancellation will be the date the Company receives this written notice. In the event of cancellation by you, the following cancellation charges will be payable.
A) Day trip, diving course and accommodation:
- 60 days or more prior to departure: deposit forfeited
- 59-36 days prior to departure: 60% of tour price
- 35-15 days prior to departure: 85% of tour price
- Within 14 days of departure: 100% of tour price
B) Liveaboard bookings:
- 60 days or more prior to departure: deposit forfeited
- Within 60 days of departure: 100% of tour price
6. Alterations by you
It is vitally important that your requirements be clearly stated at the time of booking. If, once the booking has been accepted by the Company, you wish to make any alterations to the booking details, e.g. change of name, date, accommodation, duration etc., the company will do all it can to assist you although it is under no obligation to make any alterations other than to allow you or any member of your party who is prevented from traveling to transfer his/her booking to someone else, provided that written notice is given to the Company not less than 35 days before the departure date with full details of the transfer. The transferee(s) must satisfy all there requirements for a diving holiday as set out in these terms and conditions and the marketing materials.
The Lead Client must send a written alteration request to the Company at least 8 weeks prior to departure. You will be required to pay any additional costs arising from your alteration. However, any alterations made by you less than 8 weeks prior to departure may be treated at the company’s discretion as a cancellation and the charges set out in Clause 5 above will apply.
Any changes you wish to make to your holiday arrangements once your holiday has commenced are your sole responsibility. The Company will not be responsible for the additional cost of any changes you make whilst on holiday and these must be paid for by you.
7. Unused Services
No refund or compensation is payable by the company for any unused accommodation, diving, services or features provided during the holiday. Clients who do not complete a diving course for any reason whatsoever, cannot be refunded for a portion or the remainder of the diving course.
(1) The Company accepts liability for any loss you may suffer if any part of the holiday arrangements you book with the Company are not as described and not of a reasonable standard. The Company also accepts liability if you suffer death or personal injury as a result of the holiday arrangements failing to be as described and of a reasonable standard. However, these acceptances of liability do not apply if there has been no fault on the Company’s part nor on the part of the Company’s suppliers and the loss, death or personal injury suffered is attributable to your own acts or omissions, the acts or omissions of a third party not involved in providing the services which make up your holiday, which were unforeseeable or unavoidable, or were due to unusual or unforeseeable circumstances whose consequences could not have been avoided or anticipated even with all due care or to an event which, even with all due care, could not have been foreseen or forestalled.
They are also conditional upon you assigning to the Company any rights you may have against any other person whose acts or omissions have given rise to the Company’s liability.
(2) The Company’s liability to compensate you and the amount of such compensation is subject to the following limitations. First, in the case of damage other than death, illness or personal injury, compensation is restricted to a reasonable amount having regard to such factors as the holiday cost and the extent to which the enjoyment of your holiday can be said to have been affected. The maximum amount of such compensation the Company will pay you is two and a half times the cost of your holiday arrangements booked with the Company. Second, in all cases, liability and compensation are restricted in accordance with the provisions of all International Conventions relevant to the transportation and accommodation provided.
(3) You must appreciate that in developing countries service in hotels, on tour and in restaurants cannot be expected to be of the same standard as those in the Western Countries and the term “reasonable standard” must be interpreted accordingly. This is particularly important where “liveaboard dive boats” are involved in a tour and the clear limitations of being on such a small vessel must be accepted.
(4) Diving activities carry inherent risks and each person wishing to participate in such activities may be asked by the Company to sign liability releases and provide a current medical and in all cases must adhere to the restrictions imposed by the Company.
9. Force Majeure
The Company accepts no responsibility for and shall not be liable in respect of any loss or damage or alterations, delays or changes arising from unusual and unforeseeable circumstances beyond its control, such as war, or threat of war, riot, civil strife, industrial disputes including air traffic control disputes, terrorist activity, political unrest, change in government regulations, natural and nuclear disaster, floods, fire and adverse weather conditions, technical problems with transport, closure or congestion of airports or ports.
Proof of diving qualification by a recognised agency is compulsory. Clients must submit their diving qualifications to the Divemaster before diving can commence. All clients on the booking form participating in scuba diving must be in good health and not have any medical history of lung disorders, asthma, epilepsy, diabetic or recent surgery and agree to discontinue diving if respiratory congestion or a head cold or any other medical condition takes place during the holiday. If the client has any medical condition contrary to these requirements he/she must produce a diving medical certificate of fitness, prior to diving. Failure to provide satisfactory diving qualifications or medical certificates will not result in any liability whatsoever on the part of the Company.
11. Responsibility for Diving
The Company makes every effort to ensure the highest standards of diving etiquette and safety. However, clients are advised that diving takes place at their own risk and they must behave in a fit and proper manner at all times, in accordance with all recognised diving practices and procedures and take proper responsibility for their own safety. Clients are advised that certain diving sites are very remote, either by distance or time or both, from a recompression chamber. The Company reserves the right to require to withdraw from the holiday any person whose actions or conduct is considered by the Company in its absolute discretion to be incompatible with the comfort and safety of the company’s other clients or to be offensive to them. In the event of such conduct, no liability whatsoever will be owed to that person by the Company upon withdrawal from the holiday.
12. Travel Documents
It is your responsibility to ensure that all necessary travel documents such as passports, visas and diving qualifications are obtained and are valid.
If you have cause for complaint whilst on holiday, you must bring it to the attention of the Company who will then do their best to rectify the situation. It is unreasonable to afford the Company or its representatives no opportunity to rectify any problem whilst on your tour and failure to do so on your part may affect your right to compensation. Should any problem remain unresolved, any complaint must be made in writing to the Company within 28 days of completion of the tour.
It is your responsibility to ensure that you have adequate insurance cover. It is a condition of booking your holiday that you have taken out adequate insurance against such risks as medical costs, personal accident risks, personal liability and legal expenses. You are especially advised to insure against cancellation and loss of deposit. You are required to ensure that your policy has an endorsement for scuba diving if you are undertaking it as part of your tour.
15. Special Offers
(1) 30% deposit & Balance on arrival – Client(s) is responsible for payment of full outstanding balance which is due on arrival. In the event that the holiday you have bought is offered for sale at a lower price (last minutes etc.) you not entitled to any reduction of outstanding balance amount due.
16. Bank Details for secure online payments and deposits
Sea Fun Divers Co., Ltd.
Bangkok Bank (Branch: Ha Yeak Chalong, Phuket)
Account Number: 7663001126
Bangkok Bank, Ha Yaek Chalong
1/39-40 Mu 9 Jaofa Tawanok Road Chalong Muang District
Phuket Thailand 83000
Sea Fun Divers
PADI 5 Star CDC Center
14 Kata Noi Beach, Karon
Phuket, 83100 Thailand
t: +66(0)81 367 4542
e: [email protected]