Booking Terms and Conditions

Applicable to Thailand Liveaboard Trips (Operated by DiveRACE Co Ltd)
 Last updated: [1st May 2025]

 

BOOKING TERMS & CONDITIONS

These Terms & Conditions form a legally binding agreement between DiveRACE Co Ltd (“the Company”) and the Customer. By making a booking, paying any deposit, or participating in any trip operated by the Company, the Customer agrees to be bound by the following terms.

1. Definitions

“The Company” refers to DiveRACE Co Ltd, a Thailand-registered company, including its officers, directors, employees, agents, guides, contractors, affiliated entities, and representatives.

“Customer” refers to any individual booking, participating in, or paying for services provided by the Company.

“Trip” refers to any liveaboard dive trip, snorkeling activity, scuba diving course, guided dive, land tour, charter, rental service, or related activity organized or operated by the Company.

2. General Booking Conditions

2.1 Customers must hold a valid scuba diving certification appropriate for the activities booked (minimum Open Water Diver or equivalent).

2.2 All Customers must complete and sign the Company’s Liability Release and Assumption of Risk Agreement prior to participation.

2.3 Customers must disclose truthfully any pre-existing medical conditions, history, or medication that may affect fitness to dive.

2.4 The Company does not provide medical advice and accepts no liability for any condition or incident arising from undisclosed or unmanaged health issues.

2.5 Maximum dive depth and dive profiles are strictly based on the Customer’s certification, training, experience, and the dive staff’s safety decisions.

2.6 The Company reserves the right to modify, delay, or cancel activities without refund or compensation for reasons including but not limited to:

  • Safety concerns or dangerous conditions

  • Technical issues, mechanical breakdown, or equipment failure

  • Government advisories, National Park orders, conservation rules

  • Weather, sea state, or environmental hazards

2.7 Failure to follow safety briefings, dive staff instructions, or boat rules may result in suspension of diving privileges without refund.

2.8 The Company is not responsible for missed dives resulting from Customer illness, hangover, tiredness, personal choice, fear, medical issues, equipment misuse, or late arrival.

2.9 Bookings Made Through Third-Party Agents
Customers who book through any travel agent, booking platform, reseller, or third-party representative (“Agent”) are fully subject to these Terms and Conditions. By confirming a booking with an Agent, the Customer is deemed to have read, understood, and accepted these Terms and Conditions as if the booking were made directly with the Company.

It is the Customer’s responsibility to ensure they have received and reviewed the Company’s Terms and Conditions from their Agent prior to payment. The Company is not liable for any failure by an Agent to communicate these Terms and Conditions; however, the Customer remains bound by them in full.

3. Insurance Requirements

3.1 Comprehensive dive and travel insurance is mandatory. Coverage must include, at minimum:

  • Emergency evacuation (including helicopter evacuation)

  • Recompression chamber treatment

  • Medical treatment and hospitalization

  • Trip interruption, delay, or cancellation

  • Loss or damage of baggage or equipment

  • Personal liability

3.2 Proof of insurance may be requested at any time prior to departure.

3.3 The Company assumes no responsibility for Customers without valid insurance or for claims rejected by the Customer’s insurer.

3.4 The Company is not liable for loss, theft, or damage to personal items, valuables, electronics, or dive equipment on board or during transfers.

4. Pricing, Inclusions & Payment

4.1 All prices are subject to change without prior notice until the booking is confirmed.

4.2 A deposit is required to secure the booking; full payment must be made by the specified deadline.

4.3 The number of dives listed is an estimate and not guaranteed. No refunds apply for dive cancellations due to conditions outside the Company’s control.

4.4 Prices generally include accommodation onboard, meals, tanks, weights, and standard boat transfers unless otherwise specified.

4.5 Optional items—including rental equipment, Nitrox, alcoholic beverages, merchandise, onboard courses, and other extras—are chargeable and non-refundable.

5. Conduct, Safety & Customer Obligations

5.1 Customers must follow all safety briefings, crew instructions, and national park regulations.

5.2 Alcohol and recreational drugs are strictly prohibited before or during diving activities.

5.3 The Company may deny participation or remove a Customer from the vessel, without refund, for:

  • Unsafe, reckless, or non-compliant behaviour

  • Aggressive or abusive conduct

  • Harassment of guests, crew, or wildlife

  • Violation of Thai National Marine Park rules

5.4 Customers are financially responsible for any damage they intentionally or negligently cause to the vessel, equipment, or third-party property.

5.5 A Customer removed due to misconduct must pay their own repatriation or onward travel costs.

6. Health & Assumption of Risk

6.1 The Customer acknowledges that scuba diving and liveaboard travel carry inherent risks, including but not limited to serious injury or death.

6.2 It is the Customer’s responsibility to ensure they are physically fit to dive. No refunds will be provided for limitations or cancellations due to medical or fitness reasons.

6.3 The Customer understands and accepts that evacuation or medical assistance from remote areas may take hours or longer.

7. Force Majeure

7.1 The Company is not liable for delays, changes, or cancellations caused by events beyond its reasonable control, including but not limited to:

  • Natural disasters, storms, or severe weather

  • War, terrorism, political unrest, or civil disturbance

  • Government restrictions or National Park closures

  • Mechanical failure, vessel issues, or crew illness

7.2 The Captain has full authority to modify or cancel the itinerary for safety reasons.

8. Cancellations & Rescheduling

8.1 If the Company cancels a trip (excluding force majeure), a full refund of payments made will be issued.

8.2 Customer-Initiated Cancellations:

  • More than 42 days before departure: all payments except the deposit will be refunded

  • 42 days or fewer: no refunds, credits, or rescheduling permitted

8.3 Rescheduling requests made more than 42 days prior must be submitted via email and are subject to availability.

8.4 No refunds or changes once a course has begun.

8.5 All cancellations must be made in writing. Verbal cancellations are not accepted.

8.6 If the booking was made through an agent, all cancellations and refunds must be handled directly with that agent.

9. Liability Limitation

9.1 To the maximum extent permitted by Thai law, the Company is not liable for:

  • Personal injury or death arising from inherent diving or travel risks

  • Delays, missed flights, or indirect losses

  • Acts or omissions of third-party providers

  • Consequential, incidental, or punitive damages

9.2 The Company’s total liability, if any, shall never exceed the amount paid by the Customer for the trip.

10. Intellectual Property

All website content, images, videos, branding, logos, materials, and course content belong exclusively to the Company and may not be copied, distributed, or reproduced without written consent.

11. Severability

If any clause is deemed invalid or unenforceable, the remaining provisions shall remain fully effective.

12. Assignment

The Customer may not assign or transfer their rights or obligations without the Company’s written approval.

13. Waiver

Failure by the Company to enforce any provision does not constitute a waiver of that right in the future.

14. Entire Agreement

These Terms & Conditions constitute the entire agreement. No verbal statements or external communications modify these terms unless agreed in writing.

15. No Third-Party Rights

This agreement confers no rights or benefits to any third party.

16. Governing Law & Jurisdiction

This agreement is governed by the laws of the Kingdom of Thailand.
All disputes shall be resolved exclusively in the courts of Thailand.