28/13 Moo 7, Khukak, Khao Lak Takuapa,
Phone/ FAX: +66 (0)76 485 685
Mobile: +66 (0)80 647 27 67 or +66 (0)89 590 04 90
Khao Lak Fun Divers Co. Ltd., 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 organizations, and be able to produce a valid accompanying log book.
2.2 All customers must complete and sign a Liability Release and Assumption of Risk Form.
2.3 It is always the responsibility of the Agent to ensure that the consumer has accepted all Terms and Conditions associated with their booking.
2.4 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.
2.5 Upon signing up for any diving course, irrespective of previous experience or training, the Company requires each student to complete a Medical Questionnaire.
2.6 The maximum depth permitted on our Company vessels is 30 meters, 99 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, 59 feet.
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 war is declared);
2.7.3 Acts of God (including fire, flood, earthquake, storm, hurricane or other natural disaster); and
2.7.4 other ensuing technical 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 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; a single compartment is only available if customers request a private cabin.
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.
3.3 The Company’s own insurance policy does not covers local emergency evacuations and limited treatment(s) in case of diving accidents and does not cover repatriation, international transportation or familial visitation expenses.
4.1 A 3 % fee shall be applicable for all payments via credit card (VISA or Master Card).
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/inaccessibility 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 Similan Island dive trips, Khao Lak dive trips and Thailand dive 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.
6.1 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 (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, political unrest and other hostilities (regardless of whether war is declared), or other technical 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 delay or 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.
7.1 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.
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 net published selling price of each course or trip before the booking can be fully confirmed.
7.4 This deposit is non-refundable where a cancellation is made less than 24 hours before the time the trip or course is due to depart.
7.5 The outstanding 70% must be paid in full to the Company before the time the trip or course is due to commence. The outstanding amount will also be non-refundable where a cancellation is made in the morning of departure date or the customer is a no-show on the day.
7.6 If a customer is a no-show on day of departure, the full outstanding amount, including KLFD equipment rental fee, has to be paid by the Agent to the Company.
8.1 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 in the Agreement.
9.1 The customer shall not assign any of its responsibilities or obligations, or delegate any of its duties under this agreement without express written permission by the Company.
10.1 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.
11.1 This agreement contains all the rights and obligations of both parties relating to the subject matter, and no other arrangements, agreements or undertakings shall be granted or implied from this agreement.
12.1 Nothing in this agreement shall expressly or impliedly confer rights on any third party.
13.1 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.
Khao Lak, 15. October 2017