Terms and Conditions

Definitions in these Terms & Conditions

  • The company means Koh Samui International Diving School Co Ltd owners and operators of Planet Scuba Koh Tao.
  • The client means any person, firm, company or other legal entity which places an order or buys any products or services from the company and includes the employees servants, agents or sub-contractors of any such person, firm company or other legal entity.
  • Service means any course, accommodation or facility offered by the company.
  • Contract means a contract between the company and the client for the provision of products or services.
  • Statutory Interest means statutory interest for the late payment of commercial debts (Interest) Act 1998.
  • Terms and Conditions means these terms & conditions of provision.

Applicability of Terms & Conditions

These terms and conditions shall be incorporated into the contract and shall apply in place of and prevail over any terms and conditions contained or referred to in any communication from the client or implied by custom or practice. The company expressly rejects other terms and conditions.


Booking Conditions

  • The contract shall be formed when the company acknowledges acceptance of the clients booking and required payment.
  • Participation in adventurous activities entails some risk of injury. All staff employed by the company are trained and appropriately qualified to run activity sessions and will at all times proceed in a manor to limit the risk of injury. However, clients need to accept that accidents and injuries can happen.
  • Clients will be asked to sign an assumption of risk form and voluntary release where considered necessary.
  • Any client under the age of 18 years must have the explicit permission of his/her parent or guardian before being able to take part in any activity/course offered by the company. The parent or guardian need to be aware and accept the risks involved in adventure activities and satisfy themselves accordingly.
  • The client is responsible for the safekeeping of all equipment issued for use during the activity/course. With the exception of fair wear and tear the company reserves the right to charge for equipment that has been lost or misused.
  • All bookings are on the basis that the client will, at all times, observe the safety regulations set by the company.
  • The contract is subject to availability of a course place/date and the acceptance by the client of these terms and conditions.
  • Neither the company website or literature constitutes an offer and the company may correct any errors or omissions to its published prices at any time prior to the confirmation of the contract in accordance with this condition.
  • All information is produced in good faith that it is accurate at the time of going to press.
  • Any current price list replaces all previous price lists.

Fees

Courses
  • Places can only be reserved by the company receiving a completed booking and a non-refundable deposit 30% of the course fee.
  • The balance of the course fee is payable prior to the commencement of the course. In the event that the balance is not paid the company will have the discretion to treat the booking as cancelled by the client. The time for payment shall be the essence of the contract.
  • The credit/debit cards accepted are: Visa, MasterCard & American Express. Non-refundable deposits will be debited on receipt of the booking.

All Fees

Amendments by the client (Courses)

Substitution of the original client for another can be made provided at least 2 weeks notice is given by the substituted client to the company and the substituting student satisfies the requirement of the course. All substitutions must be made with the consent of the company with both the substituted and substituting client being jointly and severally liable for the total course fee.

A client may apply, in writing, to change course or course dates as long as the original booking is more than 30 days from the date of the request. The new course must be one that appears on our website or is in the current brochure. Any requests to change course or course dates within the 30 day period will be dealt with under the terms and conditions relating to cancellation by the client.


Cancellation by the client (Courses)

All cancellations must be in writing and sent either by post, fax or email. The company will acknowledge a cancellation within 5 days of receiving it. Until the client has received confirmation the original booking remains valid.

The client will be charged on the following basis and deposits are only partially refundable subject to the following conditions.:

  • 15% of the total course fee where cancellation takes place more than 6 months before the commencement of the course; or
  • 20% of the total course fee where cancellation takes place within the period more than 1 month, but less than 6 months before the commencement date of the course; or
  • 30% of the total course fee where cancellation takes place less than 30 days prior to the commencement date of the course.


Cancellation by the company

Whilst every attempt is made to ensure that courses/activities actually run, the company will notify the client of cancellation as soon as practicable where it believes on reasonable grounds that cancellation is necessary due to dangerous and/or unsuitable conditions for the course/activity.

The company shall notify the client of cancellation not less than one day prior to the commencement of the course where numbers as a result of either client(s) cancellation or booked numbers have failed to reach a workable minimum.

In the event of cancellation clients will be offered the choice of the following options:

  • Full refund of the fee paid; or
  • Another booking on a different date.


Refunds by the company

SCUBA DIVER students who select not to continue during Day 1 will receive a refund of 40% of the course price. There are NO REFUNDS after the commencement of Day 2, student will be issued appropriate referral paperwork. In the case of a student not turning up on the morning of a scheduled trip NO REFUND will be made.

OPEN WATER DIVER students enrolled in a course who select not to continue after day 2 will receive a 40% refund of the course price. There are NO REFUNDS after the commencement of Day 3, however the student will be issued appropriate referral paperwork. If the student has met the requirements a Scuba Diver certification may be issued

For Recreational Continuing Education courses there are NO REFUNDS after Day One of the courses.

Dive Tours In the case of a client choosing not to participate in the dives whilst on the tour NO REFUND will be made. In the case of a client not turning up on the morning of a scheduled trip NO REFUND will be made.


Health

Clients participating in courses/activities must expect to be involved in adventurous and sometimes strenuous activities. Although prior experience and/or training is not necessary on all the courses/activities clients are expected to be of good general health. The medical section must be completed as part of the booking process. All prior injuries and/or serious illnesses must be declared. Any injury or illness occurring between the time of the declaration and the commencement of the course must be reported. The client must satisfy him/herself that taking part in the course is within his/her own capabilities. The company reserves the right to refuse a booking on medical grounds if it is considered to be detrimental to the safety and smooth running of the course.


Safety Regulations

Outdoor adventurous activities take place in varied natural environments where there are natural hazards and risks to manage. Every effort will be made by the Planet Scuba staff to provide realistic training in a safe manner. Clients participating in courses are expected to comply with all safety guidance and instructions given by the Planet Scuba and its staff.


Unruly behaviour

Behaviour that disrupts the smooth running of an event may result in the disruptive client(s) being excluded. Any damage caused to property or equipment as a result of unruly behaviour will be charged for.


Personal Property

Property belonging to the client is at all times the responsibility of the client unless any loss or damage is due to any negligence by the company or it’s representatives. Lockers are provided for customers and valuables may be left with office staff for safekeeping prior to departure.


Complaints

If the client encounters any problem or difficulty the company will try and resolve them as soon as is possible. In the first instance report anything either to the instructor, the course director or the management at the centre. If your complaint is not resolved to your satisfaction please write to the Managing Director at: - 496 Soi Sirithavorn, Suan Luang, Suan Luang, Bangkok, Thailand 10250. All concerns will be dealt with within 28 days of writing.


Force Majeure

The company shall have no liability whatsoever in respect of any delay or failure in delivery of any of the courses or of any of the company’s other obligations due directly or indirectly to any cause whatsoever outside the reasonable control of the company including but not limited to act of God, war, invasion, rebellion, riot, civil commotion, disorder, malicious damage, fire, flood, epidemic, quarantine restriction, strikes or other industrial disputes, unusually severe weather or energy supplies.


Limitation of Liability

The company limits its liability to the maximum extent permitted by law as follows;

  • The company shall have no liability for any loss or damage suffered by the client or any other person
  • As a consequence of any defect in any product caused by abnormal conditions of storage, treatment or handling or any negligence or wrongful act on the part of the client or its employees or agents
  • For any claim arising on an invoice issued more than 3 months before the date upon which such claim is received by the company
  • Any failure by the company to perform any part of its obligations in these terms and conditions caused by circumstances beyond its reasonable control.
  • The company’s liability in respect of death or personal injury caused by the company’s negligence shall not be limited.


Intellectual Property

Copyright and all other intellectual property rights in the products and services shown in the company’s price lists, brochures and other literature shall remain at all time the property of the company. The client shall acquire no rights in the products and services except as expressly provided for in these terms and conditions.


Photographs

From time to time photographs taken on Planet Scuba courses may appear in Planet Scuba brochures and promotional material. If clients do not wish to be photographed please raise this with the course instructor at the time.


Data Protection

The personal information requested by the company at the time of booking plus any subsequent information is held in its original form and on computer. The information is required to assist the company, employees, agents and sub-contractors to deliver the course and in maintaining the company’s high standards of delivery. By providing us with the information to process your booking you are agreeing that the information can be kept and accessed by authorized company personnel. Contact details will be used to advise you of future offers either by post or email. If you do not want to receive future mailings please advise us.


Applicable Law

The contract will be governed by the laws of the Kingdom of Thailand any dispute will be dealt under the jurisdiction of the courts of The Kingdom of Thailand.

The above does not affect the statutory rights of the client.