1. Definitions

​As Above So Below Co.,Ltd shall be construed to comprise “the Company”, as well as all their affiliates, officers, agents, employees, workers, directors and representatives.

 

2. General Booking

​2.1 All customers booking scuba diving experiences must show proof of diving certification with a minimum of Open Water Certification
2.2 All scuba diving customers must complete and sign a Liability Release and Assumption of Risk Form.
2.3 The Company is not permitted to offer any medical advice.
2.5 The maximum depth permitted on vessels is 30 meters (100 feet) for Open Water Divers with the Deep Adventure Specialty Dive certification, or certified Advanced Open Water Divers and above. Open Water Divers without any additional Deep training will not be permitted to dive deeper than 18 meters (60 feet).

2.6 The Company reserves the right to modify and/or cancel diving arrangements for the reasons listed, but not limited to, those below:

2.6.1 The remoteness or inaccessibility of a diving destination;

2.6.2 Local custom, war, political unrest and other hostilities (regardless of whether or not war is declared);

2.6.3 Force Majeure (including flood, earthquake, storm, hurricane or another natural disaster); and

2.6.4 Any other ensuing technical or mechanical difficulties. No refund shall be issued for any modification or cancellation resultant from such events.
2.7 Customers or students who fail to participate in any dives on a trip for whatever reason shall not be reimbursed by the Company for any unused or uncompleted portion(s) of the trip or course.

 

3. Insurance

​3.1 Customers are required to secure appropriate travel insurance with a reputable insurance provider that is applicable to the activities they will be undertaking. Such insurance should provide comprehensive coverage of at minimum the following: diving (if applicable), medical, travel, evacuation, personal liability and trip cancellation provisions. Said insurance coverage is mandatory for all Customers participating in any booked experience. The Company shall not be held responsible for any resultant financial or personal loss or injury where customers fail to secure such insurance. On departure days we request a written PROOF in English from the customer's insurance provider that they cover evacuation and recompression chamber treatments (applicable to scuba divers only).

3.2 The Company shall not accept any liability for the loss or damage of any luggage or dive equipment whilst onboard any liveaboard boat, nor during the transfer(s) to or from the boat.

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4. Price and Payment

​The number of dives in any package is an estimate based on usual diving circumstances and not a guarantee. Circumstances may arise that will require modifying the number of dives, such as but not limited to, adverse weather conditions, personal illness, technical or mechanical difficulties, dive site remoteness/inaccessibility or personal choice. Circumstances such as this may cause a reduction in this estimated number of dives. There will be no refund in such circumstances.

 

5. Customer Obligations

​5.1 Where the customer is negligent or irresponsible resulting in cause of any damage to, or loss of property and equipment belonging to the Company, the customer shall reimburse the Company in full, to the current retail price of any loss or damage.

5.2 The customer undertakes to be physically, emotionally and mentally fit to participate in the activities they have booked. Any resultant injury or discomfort from these activities due to any unfitness shall not be accepted as grounds for complaint or refund.

5.3 Thailand day and overnight trips: The Company 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. Force Majeure

​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 (fire, flood, earthquake, storm, hurricane or other natural disaster), war, political unrest and other hostilities regardless of whether war is declared, or other technical or mechanical 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 the port, the relevant boat captain shall reserve the right to postpone sailing until more favourable 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. Cancellation

​7.1 The Company will refund all monies paid by the customer to the Company where the Company itself cancels a trip or course, for reasons other than those 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, including but not limited to those stated above in Section 6.

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 Where a cancellation is made more than 60 days before the time the trip is due to depart, all monies paid will be refunded.

7.4 Where a cancellation is made between 60 and 1 days before the trip is due to depart, the deposit will not be refunded.

7.6 Any prepaid PADI Professional courses are Non refundable.

 

8. Severability

The failure by either party to enforce one or more of the provisions in this agreement due to illegality, invalidity or unenforceability of the provision(s), shall not affect the validity or enforceability of any other provision(s) in the agreement.

 

9. Assignment

​The customer shall not assign any of its responsibilities or obligations, or delegate any of its duties under this agreement without expressed written permission by the Company.

 

10. Waiver

​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.

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11. Entire Agreement

​This agreement contains all the rights and obligations of both parties relating to the subject matter herein. No other arrangements, agreements or undertakings shall be granted or implied from this agreement.

 

12. No Third Parties

​Nothing in this agreement shall expressly or impliedly confer rights on any third party.

 

13. Governing Law

​This contract shall be governed by, construed, and enforced in accordance with the laws of the Kingdom of Thailand. In the event of any question or issue regarding 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.

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