Terms and conditions

Terms and conditions

 

1. INTRODUCTION

These General Terms and Conditions of Business govern the services, rights and obligations between you the person accessing waterofasia.com (hereinafter " the client «or “you”) and Water of Asia Co Ltd – Ô d'Asie (hereinafter “The company”,” we”, “our”,” us”) the company is registered in Thailand, head office 9/85 Moo 9, Chaofa Road Chalong 83130 Phuket Thailand, registration n° 0835552001934, TAT (Tourism Authority of Thailand) registration number 34/00174. You are bound by these terms and conditions at the time you access the waterofasia.com website so please read them carefully prior to any booking confirmation.

1.1. PASSPORTS & VISAS

You must hold a full 10-year passport, with at least 6 months validity remaining at the point of return, for entry into most countries. Visas are your responsibility but advice and assistance will be provided when asked

1.2. VACCINATIONS & HEALTH

You must ensure that you have complied with any health requirements, such as vaccinations, for any country you may be visiting. The governmental Health Advice for Travellers booklet is available upon request and you should consult your doctor before departure if in doubt about your vaccinations or if you have a medical condition of any kind.

1.3. BAGGAGE

Water of Asia Ltd has no control over airline baggage policy although we will advise as best as possible at the time of booking where requested. However, it is incumbent on the client to check directly with the airline regarding baggage limits, excess baggage charges and the carriage of sports equipment. Please note that sometimes the airline policy in this regard can change without notice. It is important that Water of Asia Ltd is made aware should you take any sport equipment so we can inform the transfer agent. Some transfer agents may levy a small charge locally for oversized sports equipment. Water of Asia Ltd may not be held liable for any damage or loss of luggage or sports equipment during a transfer. Where Water of Asia Ltd has booked your holiday as a transfer inclusive package via another operator we cannot be held responsible if the transfer agents refuse to carry sports equipment or levy a local charge.

2. BOOKING POLICY

2.1. CONFIRMATION

Please note that your booking will only be finally confirmed once we have received confirmation from the operator or operators of the availability, type of rooms or cabins, dates, activities you have requested. If one of these criteria cannot be fulfilled, we will contact you by email within 48 hours after your booking to offer some possible alternatives. Bookings will be considered to be confirmed when the client has received a written confirmation of Water of Asia Co Ltd. You will receive a quotation, a booking confirmation and an information sheet by fax or email. The information sheet must be returned completed and signed to us and the deposit paid within three days of reception. For group bookings, please indicate couples and single travellers so that we can allocate the rooms accordingly.

2.2. PAYMENT

At the time of booking you will be asked to pay a 30% deposit if your holiday departs in more than 90 days; otherwise full balance will be required. Water of Asia Ltd pass on a 2% credit card charge but there is no charge for debit cards; other payment methods include bank transfers, cash or cheque. All holiday prices and availability are subject to change until we have received the appropriate cleared funds from all parties. In all cases, the sales contract is deemed concluded when we have received the remaining cleared funds from all parties, if we have not received those 30 days prior to departure at the latest Water of Asia Ltd reserves the right to cancel your booking with consequent loss of your deposit. The minimum deposit will be £200 per person; we may require additional funds to cover any extra financial commitment we make on your behalf in respect of flights, cruise ships and / or accommodation. All payments are subject to the following conditions: You warrant that you are authorised to use the debit, credit card or any other payment method you are using to pay for your order. Water of Asia reserves the right to suspend or cancel any order where payment is refused or declined by the Card Supplier or by any other financial institutions for any reason. Water of Asia may request further information from the client in order to conduct further control to prevent fraud. Water of Asia Ltd reserves the right to refuse to consider an order from a client with whom the company would have had a dispute over payment on a previous order. Water of Asia Ltd cannot accept liability for the fraudulent use of any means of payment that is not detected by our verification process.

2.3. CHANGES IN PRICE

We reserve the right to increase the price after booking if any major increase in price occurs in respect of: - Airfares or any other costs. - Taxes or duties payable including new taxes introduced by any government. - Adverse changes to currency exchange rates.

3. CANCELLATION POLICY

3.1. BY YOU

Should you wish to cancel or amend your reservation, once it has been accepted by us we must have a written instructions to that effect from the lead passenger on the reservation (and strictly NOT any other member of the party), when cancellation/amendment charges will become applicable, as below. Balances are due 30 days prior to departure. If this balance is not received within 7 days of the due date, cancellation may be assumed by the company with consequent loss of deposits and/or cancellation charges.

CANCELLATION CHARGES

  • 60 days or more: 10% of the holiday total cost + non-refundable costs already incurred with our partners Changes (except dates and destination): 20 euros per person.
  • Less than 60 days prior to departure: 25% of the holiday total cost + non-refundable costs already incurred with our partners. Changes (except dates and destination): 30 euros per person.
  • Less than 31 days prior to departure: 50% of the holiday total cost + non-refundable costs already incurred with our partners. Changes (except dates and destination): 50 euros per person.
  • Less than 15 days prior to departure: 100% of the holiday total cost + non-refundable costs already incurred with our partners. Changes (except dates and destination): 100 euros per person No refund given for unused or partly used booked services

3.2. BY US

In the unlikely event that we have to cancel all or part of your holiday, or there is a fundamental change to the service booked, we will offer you alternatives of a similar or higher standard holiday, without any extra charges to you. If the alternatives we offer are not acceptable to you please notify us in writing by post or by email. All correspondence and / or instruction must be from the lead passenger on the booking. We will then refund you accordingly. Such a payment is to constitute full and final settlement of all claims (if any) that you may have against us in respect of cancellation.

3.3. LIMITATION OF LIABILITY/DISCLAIMER / FORCE MAJEURE

Compensation or refund payments will not be made for changes that arise as a result of situations outside of our control. For example, refusal of landing rights by the CAA to any airline. When we refer to circumstances beyond our control, we mean any event that we, or the supplier in question, could not foresee or avoid, even after taking all reasonable care. Such circumstances of force majeure will usually include, but are not limited to: war or threat of war, riots, terrorist activity, civil strife, strikes and other industrial disruption, technical problems with transport including changes imposed due to rescheduling or cancellation of flights by an airline or main charterer or alteration of the airline or aircraft type for reasons beyond our control or that of our suppliers; closed or congested airports or ports, natural or nuclear disasters, fire, quarantine, epidemics, health risks, actual or threatened severe weather conditions, Government action, change to Foreign Office advice to advise against travel to your destination, significant building work ongoing outside of your accommodation (such as resort development) or other events beyond our control. Very rarely, due to a situation of Force Majeure, we may have to change or terminate your arrangements after departure. If this situation does occur, we regret we will be unable to make any refunds (unless we obtain any from our suppliers), pay you compensation or meet any costs or expenses you incur as a result.

3.4. INSURANCE

It is STRONGLY advised that you have full holiday insurance in place at the time of booking. Please ensure that your insurance covers you for cancellation and for any sporting activities in which you will be participating. If you choose to not take insurance Water of Asia Ltd will in no case be taken responsible for any costs incurred to you due to a lack of insurance.

4. GENERAL CONDITIONS

4.1. DIVING ACTIVITIES

Diving courses: Water of Asia Co Ltd will not be held responsible in any way for your failure to complete a diving course. Certification can only be achieved if the client meets the requirements defined by the standards of PADI, CMAS, TDI, SSI and other federations. The client agrees that he must fulfil these requirements to follow and succeed in a diving course. No refund will be made if the client does not comply with the rules defined by the instructor.

Certified divers: you must at least hold a diving PADI Open Water or equivalent one star CMAS to take part in diving activities. You understand that you must stop diving at least 18 hours before flying.

4.2. DIVING CRUISES

In respect of diving live aboard bookings, it may happen from time to time that the itinerary or the number of dives may change at short or no notice due an number of unforeseen circumstances to include weather conditions and local permission changes; in this case Water of Asia ltd may not be held responsible nor may we refund or offer cancellation of the trip. It is your responsibility to ensure that you have the appropriate certification and experience to participate in diving activities at the time of booking. The on-board dive guide, instructor or vessel captain reserves the right to curtail diving of an individual or group at any time for safety reasons or inappropriate behaviour.

4.3. DIVING ACCIDENT / INSURANCE

Water of Asia Co Ltd will not be held responsible for any unfortunate accidents that may happen during your holiday. You agree that you must only take part in diving activities that are within the limits of your training and your previous experience and that you must follow your guide instructions at any time. We strongly advise that you take a diving insurance such as Divers Alert Network or Dive Master Insurance.

4.4. BREAKDOWNS/COMPLAINTS

In case of breakdowns in, or complaints about, the property in which you are staying, or on the live-aboard, cruise boat or any other aspect of your holiday you should notify the owner and/or our local representative/ground agent, together with the supplier of the service, immediately, in order that problems can be resolved, where possible, during your holiday and to mitigate any losses, expenses or costs you may incur. Once we, and the supplier concerned, are aware of the problem everything reasonably possible will be done to resolve it as quickly as possible.

In the event that the operator has to cancel the cruise due to mechanical problems or an insufficient number of bookings, we will offer you alternative cruises of a similar or higher standard. Compensation or refund payments will not be made for changes that arise as a result of situations outside of our control such as bad weather.

If the operator has to interrupt the cruise for mechanical problems, we will do our best to obtain a refund of the remaining number of days, taking into account the operator's own terms and conditions. Water of Asia co ltd cannot be held responsible for the payment of this compensation.

It is unreasonable to take no action whilst on holiday but then to write a letter of complaint upon your return. We regret we cannot accept liability in relation to any complaint which is not brought to our attention entirely in accordance with this clause.

5. FINANCIAL PROTECTION

In compliance with the rules and regulations of the TAT – Tourism Authority of Thailand when you book with Water of Asia Ltd your holiday cost is guaranteed against any potential of company insolvency.

6. DATA PROTECTION

We will provide your personal information as well as any personal information you provide in relation to the persons whose arrangements have been requested by you, to local suppliers and carriers to enable the operation of the service requested by you. If you make special requests, which include, but are not limited to, special dietary, religious or disability related requirements, which constitute sensitive information, the relevant data will also be passed to the relevant suppliers and carriers to enable provision of the services to you. The information you provide is essential for processing and delivery of orders and preparing invoices, absences will result in the cancellation of your order.

By registering on the Waterofasia.com website, you agree to provide us with sincere and true information about yourself. Communicating false information is contrary to our terms of use and to our terms and conditions. In accordance with the Data protection laws, Water of Asia Co Ltd will only use your information for the purpose of meeting your booking requirements and you have a permanent right to access and rectify this data. You can at any time make a request by mail to the Water of Asia Society Co Ltd head office Moo 1Chalong 83200 Phuket Thailand or e-mail This email address is being protected from spambots. You need JavaScript enabled to view it. to find out what information we keep and to rectify it. 

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