Terms & Conditions
Booking & Paying For Your Arrangements
A booking may include, but is not limited to, a combination of flights, transport, accommodation, vessel bookings, transfers, excursions, diving equipment, meals, luggage transfer services and car hire.
A booking is made with us when you pay us a deposit (or full payment if you are booking within 30 days of departure) and we issue you with a booking confirmation and an invoice.
Unless specifically agreed otherwise, in which case payment details will be confirmed by AumScuba in your booking confirmation, payments will be due in accordance with our defined payment terms and conditions.
We reserve the right to return your deposit and decline to issue a booking confirmation at our absolute discretion. A binding contract will come into existence between you and us as soon as we have issued you with a booking confirmation that will confirm the details of your booking and will be sent to you.
Upon receipt, if you believe that any details on the booking confirmation or any other document are wrong you must advise us immediately as changes can not be made later and it may harm your rights if we are not notified of any inaccuracies in any document within five (5) working days of our sending it out. Any changes made after five (5) working days will be subject to clause 9.
If we do not receive this balance in full and on time in accordance with our defined payment terms and conditions, we reserve the right to treat your booking as cancelled by you in which case we shall retain your deposit.
Where payment is not made using sterling or Thai Baht we will convert the payment amount into one of these currencies calculated through the independent third party resource www.wise.com at the time of booking.
Upon booking a Liveaboard trip, AumScuba will hold the booking for 2 days as a cooling off period. Should you change your mind during this period then you may cancel the trip without incurring any penalty. At the end of this cooling off period, the booking must be secured by paying a 20% deposit to AumScuba. The balance is then due 30 days before departure date and is to be paid to either Aumscuba or the Vessel Operator.
Should the initial booking occur within 30 days of departure, then full payment is required at time of booking and there is no cooling off period.
National Park tickets
Some of our trips involve buying National Park tickets. The tickets are limited in numbers and must be purchased in advance. The National Parks department has deemed that these tickets are non-refundable and non-transferable.
Once we have bought a National Park ticket for you, we cannot refund the trip. We strongly recommend buying travel insurance that covers you in the event that you are unable to go on the trip once the park ticket has been bought.
If we are unable to buy National Park tickets for you, or if you want to cancel early and the tickets have not yet been bought, then we are happy to refund your money, less any payment processing fees.
All payment processing fees are the guest’s responsibility. AumScuba charges 3% for credit and debit card payments.
Accuracy of Advertising Material
We endeavor to ensure that all the information, availability, prices, representative availability and surcharges (including equipment hire) on our advertising materials are accurate, however occasionally changes and errors occur and we reserve the right to correct prices and other details in such circumstances. You must check the current price and all other details relating to the arrangements that you wish to book before you make your booking.
We endeavor to ensure that the information regarding marine life and water and air temperatures on our website are accurate, however, we are unable to guarantee sightings of marine life or water temperatures during any booking.
We do not guarantee the provision of Nitrox during diving activities booked by us.
Insurance
Adequate diving and travel insurance is a condition of your contract with us including:
- Dive Injury Insurance: covering all risks, costs and expenses likely to be incurred as a result of a diving injury, including but not limited to re-compression chamber treatments, air evacuation, and loss or damage to possessions. We recommend that this insurance covers SCUBA diving to 40m as a minimum as well as any other SCUBA activities that are confirmed in your itinerary or you may reasonable expect to be carrying out as part of your booking;
- Medical Evacuation Insurance: covering all risks, costs and expenses likely to arise from a diving injury or necessitating your evacuation to a place of specialist care, including but not limited to low altitude air evacuation; specialist treatment and direct; and indirect losses; and
- Travel Insurance.
You must be satisfied that your insurance fully covers all your personal requirements including pre-existing medical conditions, cancellation charges, medical expenses and repatriation in the event of accident or illness, diving injuries and medical evacuation.
Suitable diving insurance policies for your booking may include Dive Assist, Divers Alert Network as well as your preferred diving insurer covering the risks, costs and expenses raised in (a). AumScuba are unable to offer advice on insurance.
You must provide us with the name of your insurers and your policy number when you book with us or as soon as possible thereafter. If you have not provided us with the name of your insurer and policy number within fourteen (14) days of booking (or three (3) days before departure if your booking is made within fourteen (14) days of departure) we reserve the right to cancel your booking without refund.
If you choose to travel without adequate insurance cover, we will not be liable for any losses howsoever arising, in respect of which insurance cover would otherwise have been available.
Health Requirements
The provision of activities during your holiday is dependent on you being medically fit to participate in the activities. You are strongly advised to undergo a full medical examination before your holiday.
We reserve the right to prevent your participation in any activities if you are deemed medically unfit to do so or in our sole discretion, you are not fit to participate in the activities.
If, as part of your holiday, you will be SCUBA diving, you are required to complete a medical questionnaire upon arrival on the vessel. If we are unsure as to your fitness to SCUBA dive, you may be required to undergo a medical examination locally.
If you hold a diving medical certificate, a copy of the certificate should be taken on your holiday.
Dive Qualification / Dive Experience Requirements
Where your holiday requires any Mandatory or Recommended minimum dive qualifications and experience, in order to participate in diving on your holiday (e.g. Advanced Open Water) you will be notified before booking. You will be required to present the qualification card(s) and recent log book(s)upon check-in onto the vessel to prove your Mandatory or Recommended dive qualifications and experience.
Important Note: Where the required qualification card(s) and recent log books are not presented or the dive crew are not satisfied that you meet the minimum dive qualifications, safety requirements or experience for the dive, the dive crew have final judgement and have the right to refuse access to the dive sites during the holiday.
During the holiday, guests are responsible for their own dive profiles and must stay within the limits of their certification, follow dive computer guidelines and make safety stops. They must also follow any instruction given by the dive crew aboard the vessel.
Please contact us if you have any questions about these requirements.
Pricing
We reserve the right to amend the price of unsold holidays at any time and correct errors in the prices of confirmed holidays. We also reserve the right to increase the price of confirmed holidays solely to allow for increases which are a direct consequence of changes in:
- the price of the carriage of passengers resulting from the cost of fuel or other power sources;
- the level of taxes or fees chargeable for services applicable to the holiday imposed by third parties not directly involved in the performance of the holiday, including tourist taxes, landing taxes or embarkation or disembarkation fees at ports and airports; and
- the exchange rates relevant to the package.
You will be charged for the amount of any increase in accordance with this clause 6. However, if this means that you have to pay an increase of more than 8% of the price of your confirmed holiday (excluding any insurance premiums, amendment charges and/or additional services or travel arrangements), you will have the option of accepting a change to another holiday if we are able to offer one (if this is of lower quality you will be refunded the difference in price), or cancelling and receiving a full refund of all monies paid to us, except for any insurance premiums and any amendment charges and/or additional services or travel arrangements. Should you decide to cancel for this reason, you must exercise your right to do so within 7 days from the issue date printed on your final invoice. We will consider an appropriate refund of insurance premiums paid if you can show that you are unable to transfer or reuse your policy.
Jurisdiction and Applicable Law
These Booking Conditions and any agreement to which they apply are governed in all respects by Thai law. We both agree that any dispute, claim or other matter which arises between us out of or in connection with your contract or booking will be dealt with by the Courts Thailand only.
Cutting your holiday short
If you are forced to return home early, we cannot refund the cost of any travel arrangements you have not used. If you cut short your holiday and return home early in circumstances where you have no reasonable cause for complaint about the standard of accommodation and services provided, we will not offer you any refund for that part of your holiday not completed, or be liable for any associated costs you may incur. Depending on the circumstances, your travel insurance may offer cover for curtailment and we suggest that any claim is made directly with them.
If You Change Your Booking & Transfers of Bookings
If you wish to change any part of your booking after our confirmation invoice has been issued, you must inform us in writing as soon as possible. This should be done by the first named person on the booking. Whilst we will do our best to assist, we cannot guarantee that we will be able to meet your requested change. Where we can meet a request, all changes will be subject to payment of an administration fee of ฿2000 per person per change, as well as any costs and charges incurred by us and/or incurred or imposed by any of our suppliers in making this change. You should be aware that these costs could increase the closer to the departure date that changes are made and you should contact us as soon as possible. Where we are unable to assist you and you do not wish to proceed with the original booking we will treat this as a cancellation by you. A cancellation fee may be payable in accordance with clause 10.
If you decide not to participate in any diving activities or you are unable to participate due to reasons mentioned in clause 4, you will not be entitled to a refund.
Transfer of Booking:
If you or any member of your party is prevented from traveling, that person(s) may transfer their place to someone else, subject to the following conditions:
- that person is introduced by you and satisfies all the conditions applicable to the holiday;
- we are notified not less than 7 days before departure;
- you pay any outstanding balance payment, an amendment fee of 3000thb per person transferring, as well as any additional fees, charges or other costs arising from the transfer; and
- the transferee agrees to these booking conditions and all other terms of the contract between us.
You and the transferee remain jointly and severally liable for payment of all sums. If you are unable to find a replacement, cancellation charges as outlined in clause 10 will apply in order to cover our estimated costs. Otherwise, no refunds will be given for passengers not traveling or for unused services.
Important Note: Certain arrangements may not be amended or transferred after they have been confirmed and any alteration could incur a cancellation charge of up to 100% of that part of the arrangements.
If You Cancel Your Booking Before Departure
If you or any other member of your party decides to cancel your confirmed booking you must notify us by email on info@aumscuba.com or by telephone 0980895962. Your notice of cancellation will only take effect when it is received in writing by us at our offices and will be effective from the date on which we receive it.
Should one or more member of a party cancel, it may increase the per person holiday price of those still traveling and you will be liable to pay this increase.
Since we incur costs in cancelling your arrangements, unless specifically agreed otherwise, in which case payment details will be confirmed by AumScuba in your booking confirmation, you will have to pay the cancellation charges.
Please note that insurance premiums and amendments charges are not refundable in any circumstances.
If the reason for your cancellation is covered under the terms of your insurance policy, you may be able to reclaim these charges.
Where possible, we will deduct the cancellation charge(s) from any monies you have already paid to us.
For liveaboards we offer the following terms for cancellations:
Should AumScuba or it’s operators cancel the trip we will offer a full refund minus bank fees.
Should you cancel the trip the following will apply:
60 days or more before departure Full refund minus bank fees
60 days and more than 30 days before departure refund moneys received minus deposit and bank fees.
Less than 30 days before departure No refund
Cancellation by You due to Unavoidable & Extraordinary Circumstances:
You have the right to cancel your confirmed holiday before departure without paying a cancellation charge in the event of “unavoidable and extraordinary circumstances” occurring at your holiday destination or its immediate vicinity and significantly affecting the performance of the holiday or significantly affecting the transport arrangements to the destination. In these circumstances, we shall provide you with a full refund of the monies you have paid but we will not be liable to pay you any additional compensation. Please note that your right to cancel in these circumstances will only apply where the UK Foreign and Commonwealth Office advises against travel to your destination or its immediate vicinity. For the purposes of this clause, “unavoidable and extraordinary circumstances” means warfare, acts of terrorism significant risks to human health such as the outbreak of serious disease at the travel destination or natural disasters such as floods, earthquakes or weather conditions which make it impossible to travel safely to the travel destination.
If We Change or Cancel
Changes
As we plan your holiday arrangements many months in advance we may occasionally have to make changes or cancel your booking and we reserve the right to do so at any time.
If we make a minor change to your holiday, we will make reasonable efforts to inform you or your travel agent as soon as reasonably possible if there is time before your departure but we will have no liability to you. Examples of minor changes include change of accommodation to another of the same or higher standard, changes of carriers, changes to vessels, changes to the vessel departure port resulting in a delay of less than 12 hours, changes to dive sites and dive times by less than 12 hours.Where a vessel departure port is changed, we will endeavor to provide transport from the original departure to the new departure. Occasionally we may have to make a significant change to your confirmed arrangements.Cancellation
We will not cancel your travel arrangements less than ninety (90) days before your departure date, except for reasons of Events Beyond our Control or failure by you to pay the final balance. We may cancel your holiday before this date if, e.g., the minimum number of clients required for a particular travel arrangement is not reached.
If we have to make a significant change or cancel, we will tell you as soon as possible.
Events Beyond our Control
Except where otherwise expressly stated in these Booking Conditions we will not be liable or pay you compensation if our contractual obligations to you are affected by “Events Beyond our Control”. We will not be liable for any additional expenses incurred by you in connection with your booking through another supplier such as insurance, flights, hotels, transfers or ground arrangements including car hire. For the purposes of these Booking Conditions, Events Beyond our Control means any event beyond our or our supplier’s control, the consequences of which could not have been avoided even if all reasonable measures had been taken. Examples include warfare and acts of terrorism (and threat thereof), civil strife, significant risks to human health such as the outbreak of serious disease at the travel destination or natural disasters such as floods, earthquakes or weather conditions which make it impossible to travel safely to the travel destination or remain at the travel destination, the act of any government or other national or local authority including port or river authorities, industrial dispute, labour strikes, lock closure, natural or nuclear disaster, fire, chemical or biological disaster, epidemics and pandemics, unavoidable technical problems with transport and all similar events outside our or the supplier(s) concerned’s control.
Special Requests
Any special requests must be advised to us at the time of booking e.g. diet, room location, a particular facility at a hotel etc. You should then confirm your requests in writing. Whilst every effort will be made by us to try and arrange your reasonable special requests, we cannot guarantee that they will be fulfilled. The fact that a special request has been noted on your confirmation invoice or any other documentation or that it has been passed on to the supplier is not confirmation that the request will be met. Failure to meet any special request will not be a breach of contract on our part unless the request has been specifically confirmed by us. We do not accept bookings that are conditional upon any special request being met.
If you require any extra equipment or gasses or would like to complete some dive training whilst on your holiday, please let us know at the time of booking.
Complaints
We make every effort to ensure that your holiday arrangements run smoothly but if you do have a problem during your holiday, please inform the relevant cruise director immediately who will endeavor to put things right. If your complaint is not resolved locally, please contact info@aumscuba.com
Your Behavior
General
All our customers are expected to conduct themselves in an orderly and acceptable manner and not to disrupt the enjoyment of others. If in our opinion or in the opinion of Cruise Director, skippers, or any other person in authority, your behavior or that of any member of your party is causing or is likely to cause distress, abuse, threats, danger or annoyance to any other customers or any third party, or damage to property, or to cause a delay or diversion to transportation, we reserve the right to terminate your booking with us immediately. In the event of such termination our liability to you and/or your party will cease and you and/or your party will be required to leave your accommodation or other arrangements immediately. We will have no further obligations to you and/or your party. No refunds for lost accommodation or any other arrangements will be made and we will not pay any expenses or costs incurred as a result of termination.
Equipment/ Property
You and/or your party may also be required to pay for loss and/or damage caused by your actions and we will hold you and each member of your party jointly and individually liable for any damage or losses caused by you or any member of your party. Full payment for any such damage or losses must be paid directly to the supplier prior to departure. We reserve the right to take a deposit at the time of issuing any equipment to you. If you fail to make payment, you will be responsible for meeting any claims (including legal costs) subsequently made against us as a result of your actions together with all costs we incur in pursuing any claim against you.
Please look after rental equipment as if it is your own. Should you loose or damage any equipment (other than in the event of a rescue or other emergency) we will charge the following:-
Torch 2700thb
Weight belt 200thb
Weights 100thb each
Mask 1300thb
Snorkle 300thb
Fins 3500thb (loss of one fins equals loss of the set)
Regulators 12000thb
BCD 11000thb
Wetsuit 3,000thb
Dive Computer 7500thb
We cannot be held responsible for the actions or behavior of other guests or individuals who have no connection with your booking arrangements or with us.
Activities
Some of the activities offered by us can be considered dangerous. It is extremely important that you listen to the advice and guidance given by our staff or local representative(s). You should not participate in any activities whilst under the influence of alcohol or any drugs. We shall have no liability to you if you participate in activities against our advice or guidance or if you are under the influence.
Children
Children under eighteen (18) years of age must not be left unsupervised while on-board or in the water. Parents and guardians are responsible for the supervision of children under eighteen (18) years of age. One parent or guardian must supervise children during dives. This may mean that parents or guardians are unable to dive together. Guests are not advised to bring children under the age of twelve (12) on a liveaboard safari due to the environment and the nature of the holiday.
