DIVERACE BOOKING TERMS & CONDITIONS

Applicable to Thailand Liveaboard Trips Operated by DiveRACE Co Ltd
Last Updated: 6 September 2026

These Booking Terms & Conditions (“Booking Terms”) form a legally binding agreement between DiveRACE Co Ltd (“the Company”, “DiveRACE”, “we”, “us” or “our”) and the person making a booking or participating in a Trip (“Customer”, “you” or “your”).

By making a booking, paying any deposit or other amount toward a booking, or participating in any Trip, you acknowledge that you have read, understood and agreed to these Booking Terms.

For the purposes of these Booking Terms, the Company and Customer are collectively referred to as the “Parties”.

1. DEFINITIONS

1.1 Company

“Company” means DiveRACE Co Ltd, Thailand, including its officers, directors, employees, crew, dive staff, guides, contractors, agents and authorised representatives acting in connection with the Trip.

1.2 Customer

“Customer” means the person who makes a booking or participates in a Trip, whether booking directly with the Company or through an authorised booking agent.

1.3 Trip

“Trip” means any liveaboard diving trip, scuba diving activity, snorkeling activity, scuba diving course, guided dive, land activity, charter, transfer or other service arranged or provided by the Company as part of or in connection with a booking.

1.4 Dive Staff

“Dive Staff” means the Company's dive guides, divemasters, instructors, supervisors and other persons responsible for conducting or supervising diving activities.

1.5 Agent

“Agent” means any travel agent, dive centre, reseller, online booking platform or other third party through which a Customer makes a booking.

2. BOOKING AND PARTICIPATION REQUIREMENTS

2.1 Certification and Experience

Customers participating in scuba diving activities must hold an appropriate scuba diving certification or qualification for the activities in which they participate, unless the activity is specifically intended for students or persons undertaking an approved introductory or training programme.

DiveRACE may impose reasonable restrictions on diving activities, depths, profiles or sites based on the Customer's certification, training, experience, recent diving activity, environmental conditions and the assessment of the Dive Staff.

2.2 Required Guest Agreement

Before participating in any Trip or diving activity, each Customer must read and electronically sign the Company's:

Guest Participation, Medical & Diving Declaration, Assumption of Risk & Liability Agreement (“Guest Agreement”).

The Guest Agreement forms part of the contractual arrangements between the Customer and the Company and must be read together with these Booking Terms.

2.3 Booking and Medical Information

The Customer is responsible for providing complete and truthful information requested through the Company's booking and registration process, including information relating to diving certification, experience, health, medical conditions, medications, injuries, fitness to dive and other matters relevant to safe participation.

The Guest Agreement contains the Customer's formal declaration concerning their fitness to participate and their responsibility to disclose relevant medical information.

The Company does not provide medical advice, diagnose medical conditions or determine whether a Customer is medically fit to dive.

2.4 Changes in Health or Circumstances

The Customer must promptly inform the Company if, after completing the booking process or signing the Guest Agreement, there is any change in their health, medication, injury, medical condition, diving certification or other circumstance that may reasonably affect their ability to participate safely.

2.5 Dive Limits and Safety Decisions

All diving activities are subject to the Customer's certification, training, experience and the conditions prevailing at the time of the dive.

Dive Staff and the Captain may restrict, modify, delay or refuse a dive or activity where they reasonably consider this necessary for safety.

3. ITINERARY, DIVE SITES AND OPERATIONAL CHANGES

3.1 No Guaranteed Dive Site or Number of Dives

Dive itineraries, dive sites, number of dives, dive duration, depth and schedules are indicative and are not guaranteed.

The actual itinerary may vary due to weather, sea conditions, currents, visibility, marine conditions, National Park restrictions, government requirements, vessel or equipment conditions, safety considerations or other circumstances.

3.2 Operational Changes

The Company and/or Captain may modify, delay, replace or cancel any activity, dive site, route, schedule or portion of the Trip where reasonably necessary for safety, operational or legal reasons.

No particular dive site, marine life encounter, visibility, number of dives or specific experience is guaranteed.

3.3 Missed Activities

The Company is not responsible for activities missed due to a Customer's illness, medical condition, fitness, fatigue, hangover, fear, late arrival, personal choice, failure to follow instructions, equipment misuse or other circumstances attributable to the Customer.

4. THIRD-PARTY BOOKINGS

4.1 Agent Bookings

Where a booking is made through an Agent, the Customer remains bound by these Booking Terms and the Guest Agreement.

The Customer is responsible for obtaining, reading and understanding the applicable terms before participation.

4.2 Communications Through Agents

The Company is not responsible for failures, errors or omissions by an Agent in communicating booking information, requirements, cancellation conditions or other terms to the Customer.

4.3 Cancellation and Refunds Through Agents

Where applicable, cancellation requests and refunds for bookings made through an Agent must be processed through that Agent and remain subject to the Company's applicable cancellation terms.

5. TRAVEL AND DIVING INSURANCE

5.1 Mandatory Insurance

Comprehensive travel and diving insurance is mandatory for all Customers.

Insurance should appropriately cover, where applicable:

• diving-related medical treatment;
• emergency medical treatment;
• emergency evacuation, including helicopter evacuation where necessary;
• hyperbaric chamber treatment;
• hospitalisation;
• trip interruption and delay;
• cancellation;
• baggage and personal belongings;
• diving equipment; and
• personal liability.

5.2 Pre-Existing Conditions

Customers are responsible for checking that their insurance provides appropriate coverage for any known medical condition, pre-existing condition, injury, medication or other relevant circumstance.

5.3 Insurance Claims

The Company does not guarantee that any insurance claim will be accepted or paid and is not responsible for an insurer's refusal, limitation or exclusion of coverage.

The Customer remains responsible for all costs not covered by their insurance.

The Company may request reasonable evidence of appropriate insurance coverage before participation.

6. PRICES AND PAYMENT

6.1 Prices

Published prices are subject to change until a booking has been confirmed.

6.2 Deposit and Confirmation

A booking is secured only when the required deposit or payment has been received and the booking has been confirmed by the Company or applicable Agent.

6.3 Final Payment

The remaining balance must be paid by the applicable payment deadline specified at the time of booking.

6.4 Inclusions

Unless otherwise stated, the Trip price may include accommodation aboard the vessel, meals, standard tanks and weights, and standard boat transfers as specified in the booking.

6.5 Additional Charges

Optional services and items, including equipment rental, Nitrox, courses, alcoholic beverages, merchandise and other extras, may incur additional charges and may be subject to separate terms.

7. CUSTOMER CONDUCT AND RESPONSIBILITIES

7.1 Safety and Instructions

Customers must comply with all reasonable safety instructions given by the Captain, crew and Dive Staff.

Customers must also comply with applicable National Park rules, government regulations and vessel rules.

7.2 Alcohol and Drugs

Customers must not participate in diving or other activities while impaired by alcohol, recreational drugs or any substance that may reasonably affect their ability to participate safely.

7.3 Unsafe or Unacceptable Behaviour

The Company may restrict or refuse participation, suspend diving activities, or require a Customer to leave the vessel where the Customer:

• behaves in a dangerous, reckless or seriously disruptive manner;
• repeatedly fails to follow safety instructions;
• threatens, abuses or harasses another person;
• damages the vessel or equipment;
• violates applicable laws or National Park regulations; or
• otherwise creates a reasonable safety or operational concern.

Where removal is reasonably attributable to the Customer's conduct, no refund is due and the Customer is responsible for reasonable costs associated with their onward travel or repatriation.

7.4 Damage to Property

Customers are financially responsible for loss or damage to the vessel, equipment or third-party property caused intentionally or through their negligent or improper conduct.

8. HEALTH, FITNESS AND ASSUMPTION OF RISK

8.1 Inherent Risks

Scuba diving, snorkeling, swimming, boating, liveaboard travel and related activities involve inherent and other risks, including the possibility of serious injury, illness or death.

These risks may be increased by weather, sea conditions, currents, marine life, equipment, vessel operations, remoteness from medical facilities and the Customer's own health, fitness, experience or conduct.

8.2 Customer Responsibility

Each Customer is responsible for honestly assessing their own ability to participate safely and for providing truthful and complete information through the Company's booking and registration process.

8.3 Medical Fitness

By signing the Guest Agreement, the Customer formally declares that, to the best of their knowledge, they are physically and medically fit to participate in the activities included in their booking and that they have disclosed relevant known medical issues through the Company's booking process.

Where a known medical condition may reasonably affect fitness to participate, the Customer is responsible for obtaining appropriate medical advice and, where medically required or reasonably requested by the Company, appropriate medical clearance before participation.

8.4 Medical or Fitness Restrictions

The Company may restrict or refuse participation where it reasonably considers that a Customer's health, fitness, medical condition or other circumstance presents a safety concern.

9. FORCE MAJEURE AND OPERATIONAL CIRCUMSTANCES

9.1 Force Majeure

The Company is not liable for delay, modification, interruption or cancellation caused by circumstances beyond its reasonable control, including but not limited to:

• natural disasters;
• storms or severe weather;
• unsafe sea conditions;
• government orders or restrictions;
• National Park restrictions or closures;
• war, terrorism or civil disturbance;
• political unrest;
• epidemics or other significant public-health events;
• vessel or mechanical problems;
• equipment failure;
• crew illness or unavailability; or
• other circumstances that reasonably prevent or materially affect the safe or practical operation of the Trip.

9.2 Captain's Authority

The Captain has final operational authority concerning vessel movements, routes, dive locations and activities where such decisions are made for safety, legal or operational reasons.

10. CANCELLATION AND RESCHEDULING

10.1 Company Cancellation

If the Company cancels a Trip for reasons within its control and other than circumstances covered by the force majeure provisions, the Customer will receive a refund of payments made to the Company for the cancelled Trip, subject to any specific written arrangement agreed with the Customer.

10.2 Customer Cancellation

Unless otherwise expressly agreed in writing:

• More than 42 days before departure: payments will be refunded less the applicable deposit.
• 42 days or less before departure: no refund, credit or rescheduling is available.

10.3 Rescheduling

Requests to reschedule made more than 42 days before departure may be considered subject to availability and written approval by the Company.

10.4 Courses

Once a course or training programme has commenced, no refund or change is available for unused portions caused by the Customer's decision, inability or failure to complete the course, except where otherwise required by applicable law.

10.5 Written Requests

Cancellation and rescheduling requests must be made in writing.

11. LIABILITY

11.1 Applicable Law

To the fullest extent permitted by applicable Thai law, the Company is not responsible for loss, injury, illness, death, delay or damage arising from risks inherent in diving, snorkeling, swimming, boating, liveaboard travel or related activities, or from circumstances outside the Company's reasonable control.

11.2 Customer Conduct and Third Parties

The Company is not responsible for loss, injury, damage, delay or expense arising from:

• the Customer's own acts or omissions;
• failure to follow safety instructions;
• undisclosed or inadequately managed medical conditions;
• misuse of equipment;
• acts or omissions of independent third parties;
• airlines, transport providers, hotels or other third-party service providers; or
• events outside the Company's reasonable control.

11.3 Consequential Loss

To the fullest extent permitted by applicable Thai law, the Company is not liable for indirect, consequential, incidental or special loss, including missed flights, accommodation expenses, loss of holiday time or other consequential costs.

11.4 Liability Limit

To the fullest extent permitted by applicable Thai law, the Company's total liability arising from or in connection with a Trip shall not exceed the amount actually paid to the Company for that Trip.

11.5 Mandatory Rights

Nothing in these Booking Terms or the Guest Agreement is intended to exclude or restrict any liability, right or remedy that cannot lawfully be excluded or restricted under applicable Thai law.

11.6 Guest Agreement

The Customer's acknowledgement and acceptance of the risks, responsibilities and liability provisions applicable to participation are further set out in the Guest Participation, Medical & Diving Declaration, Assumption of Risk & Liability Agreement, which forms part of the agreement between the Parties.

12. INTELLECTUAL PROPERTY

All trademarks, logos, photographs, written materials, website content and other intellectual property belonging to the Company remain the property of the Company or its respective licensors and may not be reproduced or used without permission.

13. SEVERABILITY

If any provision of these Booking Terms is determined to be invalid, unlawful or unenforceable, that provision shall be modified or severed to the minimum extent necessary, and the remaining provisions shall continue in effect to the extent permitted by law.

14. WAIVER

A failure or delay by the Company in exercising any right under these Booking Terms shall not constitute a waiver of that right.

15. ENTIRE AGREEMENT AND DOCUMENT RELATIONSHIP

15.1 Entire Agreement

These Booking Terms, together with the Customer's booking confirmation and the Guest Participation, Medical & Diving Declaration, Assumption of Risk & Liability Agreement, constitute the principal agreement governing the Customer's booking and participation in the Trip, together with any specific written terms expressly agreed by the Company.

15.2 Commercial Booking Matters

For matters concerning prices, payments, cancellation, rescheduling, booking arrangements, inclusions and other commercial booking matters, these Booking Terms shall apply.

15.3 Medical, Fitness and Participation Matters

For matters concerning the Customer's medical and physical fitness, diving participation, assumption of risk, safety responsibilities and liability associated with participation, the Guest Participation, Medical & Diving Declaration, Assumption of Risk & Liability Agreement shall apply.

15.4 No Conflict Intended

The Parties intend these documents to operate together as a single contractual framework. If there is any inconsistency, the provision specifically addressing the relevant subject matter shall apply, subject always to applicable Thai law and any mandatory legal rights.

15.5 No Additional Refund Rights

The Guest Agreement does not create any additional cancellation, refund or rescheduling rights beyond those expressly provided in these Booking Terms.

16. NO ASSIGNMENT

The Customer may not transfer or assign a booking to another person without the Company's prior written approval.

17. NO THIRD-PARTY RIGHTS

Unless otherwise required by applicable law, these Booking Terms do not create enforceable rights for any person who is not a Party to the agreement.

18. GOVERNING LAW AND JURISDICTION

These Booking Terms and the Customer's relationship with the Company shall be governed by the laws of Thailand.

Subject to any mandatory jurisdiction or consumer protection rights applicable under Thai law, disputes shall be subject to the jurisdiction of the competent courts of Thailand.

By booking, paying for or participating in a Trip, the Customer confirms that they have had the opportunity to read and understand these Booking Terms and agrees to be bound by them.