Terms and Conditions
Definitions
Thailand Divers shall be construed to comprise "the Company", as well as all their affiliates, officers, employees, workers, directors, and authorised representatives whether in-person or virtually located.
General Booking Rules
2.1 All customers must show proof of diving certification minimum Open Water Certification
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. Please consult with a physician if needed before diving.
2.5 The maximum depth permitted on vessels is 30 metres, 100 feet for Open Water Divers with the Deep Adventure
Dive certification, Advanced Divers, Divemasters and Instructors. Open Water Divers without any additional Deep training will not be permitted to dive deeper than 18 metres, 60 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 or not war is declared). Inappropriate behaviour by customers, clients, and/or students including but not limited to verbal or physical acts. Thailand Divers reserves the right to refuse service for any reason and may or may not issue full or partial refunds of deposits or payments;
2.6.3 Acts of God (including COVID-19, flood, earthquake, storm, hurricane or another natural disaster or disease); and
2.6.4 Any other ensuing technical or mechanical difficulties. Refunds shall be issued on a case by case basis completely at Thailand Divers discretion for any modification or cancellation resultant from such events.
2.7 Customers, clients, or students who fail to participate in any dives on a trip, or any course training sessions or training dives, for whatever reason, may not be reimbursed by the Company for any unused or uncompleted portion(s) of the trip or course. Thailand Divers reserves the right to modify, deny, or fully reimburse at Its own discretion.
Insurance
3.1 Thailand Divers requires all certified divers joining scuba day trips, liveaboards or courses for certified divers to have their own suitable scuba-diving insurance before diving. This includes Refresher, Advanced Open Water, Nitrox and Deep Diver courses. Insurance is not included in these bookings.
3.2 Your existing travel insurance or personal dive insurance is acceptable if it covers your planned scuba diving in Thailand, including the activities, maximum depth and all dive dates, with cover for dive-accident medical treatment, emergency evacuation and recompression chamber treatment. Check eligibility, limits and exclusions with your insurer and bring confirmation of cover. Existing suitable cover is accepted; you are not required to purchase DAN or another duplicate policy.
3.3 Scuba-diving accident cover is included for Discover Scuba Diving, Explore Scuba and Open Water students during their booked course, subject to eligibility and policy terms. These students do not need to arrange separate scuba cover for those course activities. This does not replace travel insurance or cover later certified fun dives. Check the documents supplied for your booking for the insured activities, limits and exclusions.
3.4 If you need cover, read our scuba insurance guide for the optional DAN short-term route. Check the current policy terms and eligibility with the provider before purchasing. Thailand Divers may receive a referral benefit from purchases through its DAN link. Thailand Divers does not guarantee an insurer's acceptance of an application or payment of a claim.
3.5 We recommend travel insurance for other holiday risks such as cancellation, belongings and non-diving medical costs. Dive-accident cover does not replace travel insurance. These insurance requirements do not remove or restrict any rights or responsibilities that apply under law.
Price and Payment
Booking confirmation. A booking is confirmed only after Thailand Divers has confirmed availability and received either the required deposit or the full booking price. An enquiry, quotation or provisional discussion does not reserve a place. Any important product-specific conditions shown on the booking page or invoice also form part of the booking.
Local day trips and introductory activities. Local Phuket scuba day trips, Discover Scuba Diving and Scuba Refresher require a 20% online deposit. The deposit amount is calculated from the confirmed booking total and is shown before payment.
Diving courses. Open Water, Advanced Open Water, Nitrox Diver and Deep Diver require a fixed ฿5,000 online deposit per student. After the deposit is received, the named student is given access to the applicable PADI eLearning/course materials. These materials are personal to the student and cannot be transferred or returned after issue.
Remaining balance. The remaining balance must be paid either online no later than seven days before the first trip or course day, or in cash at the Thailand Divers Dive Centre no later than the day before. Customers may instead pay the full booking price online when booking. Bookings may be accepted up to the day before the activity starts, subject to availability. If an online booking is accepted within seven days of the start date, the online remaining balance is due immediately. If the required balance is not received by the applicable deadline, Thailand Divers may treat the booking as cancelled and release the reserved place.
Online payment security. Online payments are processed securely by Stripe. Thailand Divers and Compass Rose Co., Ltd. do not receive or store the customer's complete card number. The amount, currency, deposit, remaining balance and payment deadline are shown before payment.
The number of dives in any package is an estimate based on usual diving circumstances and is not a guarantee. Circumstances may require a change to the number of dives, including adverse weather, personal illness, technical or mechanical difficulties, site inaccessibility or personal choice. No refund is due for an unused dive in those circumstances unless applicable law requires otherwise.
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.
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 the port, the captain shall reserve the right to postpone sailing until more favourable 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.
Cancellation
The following local-booking rules take precedence over any conflicting cancellation or refund wording elsewhere on this page for the covered local Phuket products.
Customer cancellations for the covered local Phuket products. If the customer cancels, the booking deposit is non-refundable. For a course, the student keeps any PADI eLearning/course materials already issued to them.
For cancellations made more than seven days before the start date, any amount paid above the non-refundable deposit will be refunded. For cancellations made seven days or fewer before the start date, no refund is due. Where practical, Thailand Divers may offer a move to another suitable date, subject to availability and any non-recoverable costs, but a date move is not guaranteed.
No refund is due for a no-show, a late arrival that prevents participation, or a customer's decision to stop after the trip or course has started.
Cancellation or material change by Thailand Divers. If Thailand Divers cancels a local trip or course because of unsafe weather or an operational reason, we will first offer you a suitable alternative date. If the new date does not work for you, we will give you a full refund of everything you paid, including your deposit.
If another booking company took and processed the booking, contact that company to request a cancellation or refund. Thailand Divers cannot process a cancellation or issue a refund for a booking handled by that company.
Severability
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.Assignment
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.
Waiver
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.
Entire Agreement
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.
No Third Parties
Nothing in this agreement shall expressly or impliedly confer rights on any third party.
Governing Law
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.