Terms & Conditions

TERMS & CONDITIONS

Terms & Conditions of KSA

Terms and Conditions

Please carefully read our general booking, cancellation, payment and other Terms

1. Definitions

Khao Lak Scuba Pa. Ltd., shall be construed to comprise “the Company“, as well as all their affiliates, officers, agents, employees, workers, directors and representatives.

2. General Booking

2.1 All customers must show proof of diving certification from PADI, SSI, CMAS, or an equivalent certifying organization and be able to produce a valid logbook.
2.2 All customers must complete and sign a Liability Release and Assumption of Risk Form.
2.3 The Company is not permitted to offer 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 registration 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 meters, 100 feet 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 meters, 60 feet.
2.6 Technical diving limits are governed by the maximum depth permitted by the gas mix being used, and in accordance with the standards and practices of the Technical Diving Association, and/or other technical diving organizations.
2.7 The Company reserves the right to modify and/or cancel diving arrangements for the reasons listed, but not limited to, those below:
2.7.1 The remoteness or inaccessibility of a diving destination;
2.7.2 Local custom, war, political unrest and other hostilities (regardless of whether or not war is declared);
2.7.3 Acts of God (including flood, earthquake, storm, hurricane or other natural disaster); and
2.7.4 Any other ensuing technical or mechanical difficulties.
No refund shall be issued for any modification or cancellation resultant from such events.
2.8 Customers or students who fail to participate in any dives on a trip, or any course training sessions or training dives, for whatever reason, shall not be reimbursed by the Company for any unused or uncompleted portion(s) of the trip or course.
2.9 All cabins shall be shared with another customer. Single occupancy is only available if customers request and pay for a private cabin.            

3. Insurance

3.1 Customers are required to secure appropriate travel insurance with a reputable insurance provider that is 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. Said insurance coverage is mandatory for all Customers aboard all boats and premises’ of the Client. The Company shall not be held responsible for any resultant financial or personal loss or injury where customers fail 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 or on any of Khao Lak Scuba Adventures properties.
3.3 The company carries limited insurance cover for local emergency evacuations only. It is required that you have proper insurance coverage normally provided with Travel & Accident policies, in addition to appropriate Diving Insurance coverage.

4. Price and Payment

4.1 A 3 % fee shall be applicable for all payments via credit card (VISA or Master Card). A 4 % fee shall be applicable for all payments via credit card (VISA or Master Card) at online payments.
4.2 The number of dives in any package is an estimate based on usual diving circumstances, and not a guarantee. Circumstances may arise that will require modifying the number of dives, such as but not limited to; adverse weather conditions, personal illness, technical or mechanical difficulties, dive site remoteness/inaccessibility or personal choice. Circumstances such as this may cause a reduction in this estimated number of dives. There will be no refund in such circumstances.

5. Customer’s Obligations

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 reimburse the Company in full, to the current Retail price of any loss or damage.
5.2 The customer undertakes to be physically, emotionally and mentally fit to participate in the activities they have signed up for. Any resultant injury or discomfort from these activities, due to any unfitness shall not be accepted as grounds for complaint or refund.
5.3 Thailand day and overnight trips:
The client 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 National Marine Park rules and regulations, handle or harm marine life, consume alcohol between dives, or fail to abide by general international safe diving standards and practices.

6. Force Majeure

6.1 The Company reserves the right to modify, delay and/or cancel diving arrangements where the remoteness or inaccessibility of the diving destination, local custom, acts of God (fire, flood, earthquake, storm, hurricane or other natural disaster), war, political unrest and other hostilities regardless of whether war is declared, or other technical or mechanical difficulties cause the arrangements to become unsafe, perilous and/or impracticable.
6.2 Where adverse weather conditions prevail, making it dangerous or inadvisable for customers or the boat to land on and enter port, the captain shall reserve the right to postpone sailing until more favorable conditions prevail. This may involve an adjustment to the itinerary, which may result in a cancellation of landing in a certain port, and/or the re-sequencing of island visits.

7. Cancellation

7.1 The Company will refund all monies paid by the customer to the Company where the Company itself cancels a trip or course, other than for reasons set out above. The Company shall not acceptany financial responsibility for any itinerary changes or cancellations resulting from circumstances outside of the Company’s control, such as, but not limited to, those statedabove.
7.2 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.
7.3 A 30% deposit must be paid on the published Selling Price of each course or trip before the booking can be fully confirmed.
7.4 The outstanding balance must be paid in full to the Company before the time the trip or course is due to commence. Additionally, all equipment rental fees and National Marine Park fees must be paid prior to departure. The deposit and the outstanding amount will be non-refundable where a cancellation is made less than 7 days before the trip is due to depart, or the customer is a no-show on the day of departure.
7.5 Where a cancellation is made more than 7 days before the time the trip is due to depart, all monies paid will be refunded.
7.6 Where a cancellation was made by a customer, whose booking was taken and processed by one of the Company’s Agents, the customer must contact that Agent for any kind of refund. The Company will not be able to process any cancellation by, nor prepare any refund for the customer.
7.7 Where a refund is owed, the exchange rate to be used will be that as at the day of the refund itself. Any fees resultant from the refund, and/or bank transaction fees will be deducted from the refund, and paid for by the customer, not the Company. 

9. Severability

9.1 The failure by either party to enforce one or more of the provisions in this agreement, because of the illegality, invalidity or unenforceability of that provision(s), shall not affect the validity or enforceability of any other provision(s) in the agreement.

10. Assignment

10.1 The customer shall not assign any of its responsibilities or obligations, or delegate any of its duties under this agreement without expressed written permission by the Company.

11. Waiver

11.1 The failure by either party to perform one or more of its obligations contained in this agreement shall not be taken as a waiver of its contractual performance of any other obligation(s) in the agreement.

12. Entire Agreement

12.1 This agreement contains all the rights and obligations of both parties relating to the subject matter herein. No other arrangements, agreements or undertakings shall be granted or implied from this agreement.

13. No Third Parties

13.1 Nothing in this agreement shall expressly or impliedly confer rights on any third party.

14. Governing Law

14.1 This contract shall be governed by, construed, and enforced in accordance with the laws of the Kingdom of Thailand. Where any question or issue should arise under the agreement or any of its provisions, it shall be decided only in the courts or tribunals of the Kingdom of Thailand, to the exclusion of any other courts or tribunals.