Terms
and Conditions
1. The Contract
The following booking conditions and information form the basis of your
contract with Sea King Divers Co., Ltd. ("the Company") 20/24
Moo 4, Soi Suksan, Viset Road, Rawai, 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.
2.
Payment
(1)
A specified deposit is due on booking.
(2) For Individuals: Deposit is required at 20% if the total rate at
least 15 days prior of the departure date and the balance is due upon
the departure date.
(3) For Groups: Deposit is required at 40% if the total rate at least
30 days prior of the departure date and the balance is due 7 days prior
of the departure date.
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.
5. Cancellations
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:
For Individuals: Cancellation is made within 15 days or less of the
departure date 20 % of the total rate will be Cancellation Fee.
For Groups: Cancellation is made within 15 days or less of the departure
date 40 % of the total rate will be Cancellation Fee.
6. 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.
7. Responsibility
1. I hereby certify
and acknowledge that I understand that my acceptance on a diving tour
organized and conducted by Sea King Divers Co Ltd, Phuket, Thailand,
is predicated on my assurance that I am physically fit to engage in
scuba diving, and that I am a certified scuba diver. I fully understand
the risk of scuba diving, of living and/or travelling on board a ship
and the possible dangers arising from the forces of nature, and that
I am prepared to assume such a risk.
2. In order for Sea King Divers to accept me as a member of the aforementioned
diving tour, I hereby release and absolve Sea King Divers, its agents,
employees and invitees thereof from any and all damages resulting from
death or personal injuries, including loss of services, which I may
sustain on account of, arising from, or in connection with the aforementioned
diving tour or from the ownership, maintenance, use, operation or control
of any automobile, ship, boat, watersport equipment or otherwise.
3. I further understand that the remoteness of the destination, local
custom and/or prevailing weather conditions may cause minor inconvenience
or modification to the diving portions of the tour, and Sea King Divers
reserves the right to modify and/or cancel diving arrangements due to
unfavourable weather conditions and/or technical difficulties.
4. I also agree to pay compensation at full current market value to
Sea King Divers for any and all damage or loss of property and equipment
belonging to Sea King Divers resulting from abuse or negligence on my
part. This liability waiver contract signed by me is entirely subject
to the terms and conditions above, which have been read, understood,
and unconditionally agreed to. I further agree to strictly observe and
comply with the additional terms and obligations that Sea King Divers
or any of its employees may deem necessary or needful during the course
of the diving tour.
5. 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 vessel must be accepted.
6. 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.
8. 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.
9. Diving
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.
10. 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.
11. 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.
12. Complaints
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.
13. Insurance
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.
Sea King Divers Co Ltd.
20/24 Moo 4, Soi Suksan, Viset Road, Rawai, Phuket 83100, Thailand .
Tel: 0066-76-288971 Fax:
+66-76-383803 Mobile: 081-892-3320
Web: www.seaking-diving.com
E-Mail: info@seaking-diving.com seaking@loxinfo.co.th
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