The detailed general terms and condition of sale (hereafter named “General terms and conditions”), regulate the contractual relation between each user of the site www.phuketdiving.hk (hereafter named “The client” or “You” and the company PhuketDiving.hk Co Ltd, company incorporated under Thai law whose main office is located at 67/47 Moo 4, Soi Suksan 1 T. Rawai, A. Muang 83130 Phuket, Thailand. TAT:34/00142
By accessing the site www.phuketdiving.hk you agree to respect the General terms and conditions as well as the stated terns of use.
Be advised that your order is considered complete after we receive confirmation from the operator(s) regarding the availability, cabin types, dates, classes you have reserved.
In the event of unavailability of one of the ordered criteria, we take the responsibility to contact you by e-mail within 48 hours following the date of your order, to inform you and explain the solution we offer.
A reservation is confirmed only after the client receives a written confirmation by PhuketDiving.hk Co Ltd. The client will receive by fax or e-mail his invoice, reservation confirmation and information sheet. Within 3 days from the reservation confirmation, the client needs to send back to PhuketDiving.hk Co Ltd. this information sheet filled in by the passengers. When making a group reservation, please indicate the names of the couples and the names of the single passengers in order to facilitate the cabins allocations.
All the prices indicated on the site www.phuketdiving.hk include taxes. The basic price will be the one indicated on the product information sheet in the currency selected by the operator. The purpose of the rates in Euro, Thai Baht or US $ is to give an approximate idea of the most probable price. The final price is recalculated when we issue the pro-forma invoice with the assistance of the website of our bank Siam Commercial Bank. Every fluctuation of different markets (THB –Thailand / RM – Malaysia / IDR – Indonesia / PHP – Philippines) could reflect on the price of the products and services. In case of payment in two times, each part of the payment will be calculated as per the rate of the day. PhuketDiving.hk Co Ltd reserves the right to modify its prices at any moment; however it is understood that the price discussed during our e-mail or live communication will be the one applicable to the client.
3.1 Payment conditions
The payment needs to be settled within 48 hours (2days) following receipt of the invoice. It could be done by bank (credit) card, Paypal, bank transfer to PhuketDiving.hk Co Ltd. We will also bill you for any additional fees generated from a credit card or Paypal payments (except promotions); the fees billed by your bank for the bank transfer are also at your charge. In all the events, the sales contract is deemed final only after receiving full payment from the customer.
3.2 The client or « user »
The client declares expressly that he/she has all the necessary authorisations to use the selected method of payment at the moment of validation of the order. The client also undertakes to ensure its solvency prior to the order; otherwise the company PhuketDiving.hk Co Ltd. will not be able to process the order.
The website www.phuketdiving.hk reserves the right to suspend or cancel an order, in the event of payment authorisation declined by one the financial institutions which would be inquired depending the method of payment selected by the consumer.
The company also reserves the right to refuse to consider an order coming from an internet user with whom the company has a pending litigation including litigation regarding payment of a previous order.
The client is also advised that the company PhuketDiving.hk Co Ltd may proceed to an analysis and/or verification of received orders for the purposes of fight against fraud and in the same context the company reserves the right to require from the customer any proof which might be deemed necessary.
In consideration of the above procedure, the company reserves the right to suspend or cancel an order, even if payment authorisation has been already received by the competent financial institution, should the analysis or/and verification indicate that the aforementioned order has been done by committing a fraud and in violation of the rights of a third party.
The company cannot be held responsible in the event of embezzlement or fraudulent use of any method of payment which would not be detected by this analysis/ verification procedure.
4. SECURE PAYMENT
All the payments done on www.phuketdiving.hk are secure and controlled by well-known on-line payment companies. PhuketDiving.hk Co Ltd offers you 3 payment systems :
PayPal by credit card (Visa or MasterCard). In the currency of your choice (US$ – € – THB)
Bank transfer to one of our bank accounts in Thailand in the currency of your choice (US$ – €)
The online payment by credit card is executed via de security system SSL «Secure Socket Layer” allowing the encryption of your bank information during its transmission through the network.
5. CANCELLATION POLICY
5.1 Cancellation policy
More than 60 days prior to the departure date :
Your payment is refunded less the processing fee of € 70 per participating person.
Less than 60 days prior to the departure date :
No refund will be issued in the event of a plane delay, mechanical problems, weather, sickness, incident, strikes, war, criminal acts, terrorist acts, natural disaster, quarantine, and change in the visa policy of the government, events which are out of PhuketDiving.hk Co Ltd control.
In the event of cancellation or interruption of the cruise by the operator because of mechanical problems or lack of customers, we undertake to reserve another boat of the same or superior quality.
The cancellation request should be sent to PhuketDiving.hk Co Ltd. by fax to +66 (0)76 383469 or e-mail : [email protected]
Please note that no cancellation is accepted over the phone.
5.2 Cancellation insurance
We highly recommend to every participant to purchase cancellation insurance which covers: Cancellation of the trip, incident, lost luggage. Should you decide not to purchase travel insurance, we could not be held responsible for any financial damage caused by reasons independent from our will.
Partner travel insurance company :
6. GENERAL CONDITIONS
6.1 General conditions
Diving classes :
PhuketDiving.hk Co Ltd is not responsible for the client’s success during the classes she/he is taking. Client’s success during the diving classes and their certification are the responsibility of the instructor giving the diving classes. The certification can be obtained only if the client meets the conditions as specified by the PADI standards. The clients acknowledge that they have to meet the conditions of the PADI standards in order to take a PADI class. If a diving class client is absent at the departure of the boat and the client wishes to finish the class, the client will be billed 3000 Thai Bath; if the client misses one or more days of classes and if no boat trip has been scheduled for the day, the client will be billed 1500 Thai Bath if she/he wishes to finish the class.
Certified divers :
The client needs to have at least a PADI Open Water diver certificate, CMAS one star or an equivalent in order to participate in the diving activities. The clients acknowledge that they have to stop diving at least 18 H prior to boarding a plane. The diving team may refuse a participant to take part in the diving practice if she/he has no diving certificate at least PADI Open Water, CMAS one star or equivalent, the client also needs to present its certification card, diving book, medical certificate. The diving schedule for the stays diving a La carte is not fixed and may be modified if the change occurs before 5 pm, the night before the departure of the boat. No refund will be issued if a client who has purchased diving class is not present at the departure of the boat.
The clients undertake to follow the security rules as explained by the boat tour leader or diving director. A client may not be allowed to dive if she/he does not follow the security rules as explained by the boat tour leader or diving director. The diving team reserves the right to change the itinerary or the choice of sites according to the weather conditions or if the technical or physical level of the clients is not compatible with the conditions. The clients undertake not to hold PhuketDiving.hk Co Ltd responsible for the number of dives they would have done or for a change in the itinerary. No refund will be possible if the clients have not followed the security rules as explained by the boat tour leader or diving director or if the clients have no diving certificate at least PADI Open Water, CMAS one star or an equivalent which has to be presented at the boarding.
6.2 Diving incidents, Insurance
PhuketDiving.hk Co Ltd is not responsible for diving accident or any other accident which might occur during the stay. The clients acknowledge that they have to dive according to the limits of their training and their experience in compliance with the indications provided by the diving staff.
We highly recommend that you purchase an insurance which covers under water diving with snorkel, such as Divers Alert Network for example.
Diving Insurance Company :
7. LITIGATION AND RESPONSIBILITY
This contract is regulated by Thai law.
8. PERSONAL DATA PROTECTION
The information you provide us with is necessary for processing and sending the orders as well as for creating invoices, incomplete information results in the cancellation of the order. By subscribing to the website www.phuketdiving.hk you commit to provide sincere and accurate information about yourself. Providing false information is against these general terms and conditions as well as against the conditions of use stated on the website www.phuketdiving.hk.