Terms & Conditions

1. Scope

The following general terms and conditions apply to all legal transactions involving the provision of logistical services and facilities by Chang Diving Center CO., LTD. (hereinafter referred to as "CDC"). These include, but are not limited to, the rental or use of premises, boats, equipment, vehicles, and associated services for recreational scuba diving activities.

CDC does not offer scuba diving instruction or certifications itself. All educational services, including courses and training, are independently provided by certified instructors affiliated with recognized training agencies. CDC’s general terms and conditions apply to all transactions, whether concluded in person, by telephone, or electronically.

2. Content of the Online Offer

Chang Diving Center CO., LTD. (hereinafter referred to as "CDC") provides logistical and operational support for recreational diving activities. This includes the use of facilities, classrooms, boats, vehicles, rental equipment, and other infrastructure necessary to conduct diving-related programs and experiences.

CDC does not conduct scuba diving instruction or offer certifications itself. All dive courses, training programs, and educational services are independently provided by scuba diving instructors who are individually certified by recognized training agencies (e.g., PADI, SDI, TDI). These instructors operate in their own legal capacity and are solely responsible for the content and conduct of such training.

A detailed and current listing of available services and activities is published on CDC’s website and in other official media. While CDC strives to maintain up-to-date and accurate information, no guarantee is given regarding the completeness, correctness, or quality of the information provided.

Liability claims against CDC related to material or immaterial damages resulting from the use or non-use of the information presented—particularly in cases of incorrect or incomplete information—are excluded unless proven to result from intentional misconduct or gross negligence by CDC.

All published offers are non-binding and subject to change without notice. CDC reserves the right to modify, expand, or delete parts of its website content or service descriptions at any time without prior announcement.

3. References and Links

CDC is not responsible for any external content linked or referred to from its website, unless CDC had prior knowledge of illegal content and had the technical ability and reasonable means to prevent access to such content at the time the link was created.

At the time of linking, CDC reviewed the target pages and found no evidence of unlawful content. However, CDC has no influence over the current or future design, content, or authorship of linked pages. Therefore, CDC hereby expressly disassociates itself from all content of any linked or referenced pages that may have been changed after the link was created.

This statement applies to all links and references placed within CDC’s own website, as well as to external entries in guestbooks, discussion forums, link directories, mailing lists, or any other form of database that permits external input.

The sole liability for illegal, incorrect, or incomplete content—and in particular for any damages resulting from the use or non-use of such information—lies with the provider of the respective page, not with the entity merely referring to the publication via a link.

4. Copyright and Trademark Law

CDC endeavors to respect and observe the copyright of all graphics, audio materials, video sequences, and texts used in its publications. Wherever possible, CDC uses materials it has created itself or content that is license-free or otherwise lawfully usable.

All brand names and registered trademarks mentioned on this website—especially those referring to scuba training organizations such as PADI®, SDI®, or TDI®—are the property of their respective trademark holders and are used for descriptive purposes only. The use of such names does not imply any official affiliation, agency relationship, or endorsement by the respective organizations.

The copyright for any materials created by CDC itself remains exclusively with the author. Any reproduction or use of such materials (including graphics, sound, video, or text) in other electronic or printed media is not permitted without prior written permission from CDC.

5. Registration, Conclusion of the Contract and Duration of the Contract

Registrations for diving-related services, including training activities, may be submitted to Chang Diving Center CO., LTD. (hereinafter "CDC") in writing, orally, or electronically. If a registration is made for a group, the registering person assumes contractual responsibility for all participants listed.

By registering, the client agrees to CDC’s general terms and conditions. The resulting agreement pertains to the organizational coordination, logistical arrangement, and booking services provided by CDC, including the assignment of a certified instructor for the execution of the requested training activity.

While CDC handles scheduling, resource provision, and communication, the actual instruction and certification are conducted by independently certified scuba instructors. These instructors act in their own professional capacity and are solely responsible for the conduct, content, and evaluation of the respective training program in accordance with the standards of their affiliated training agency (e.g., PADI, SDI, TDI).

The registration is binding, regardless of actual participation. Cancellation of a confirmed booking is subject to the following fees, exclusive of any non-refundable transaction costs already incurred by CDC:

• Cancellations received more than 14 days before arrival: 25% fee per person.
• Cancellations received within 7 days of arrival: 50% fee per person.
• Cancellations received within 3 days of arrival: 100% fee per person.
• No-shows or unused services are non-refundable.

The agreement enters into force at the individually agreed date. Its duration is determined by the booked service scope and the timeline required for the scheduled activities or training sessions.

5.1 Non-Agency and Training Responsibility Disclaimer

Chang Diving Center CO., LTD. (CDC) is not a member, affiliate, franchisee, or agent of any scuba diving certification agency, including but not limited to PADI®, SDI®, or TDI®. CDC does not conduct diving instruction, issue certifications, or represent any training organization in an official capacity.

All scuba diving instruction, training programs, and certifications booked through CDC are conducted independently by freelance or contracted instructors. These instructors are personally certified and authorized by their respective training agencies to conduct training activities in accordance with the applicable agency standards. CDC assigns such instructors to clients based on availability and course requirements but is not responsible for the content, outcome, or certification process of any training conducted.

While the training agencies (e.g., PADI®, TDI®, SDI®) license their trademarks and establish diver training standards, they do not control or operate the individual business activities of the instructors or of CDC. These agencies are not liable for any acts or omissions during the training, nor for any contractual arrangements between CDC, the instructor, and the client.

All agency brand names or references on CDC’s website are used solely to describe the instructor’s affiliations and course structure and do not imply that CDC itself is a member or training facility of any certifying agency.

6. Prices and Payment Methods

All prices for services provided by Chang Diving Center CO., LTD. (CDC) are based on the official price list valid at the time of contract conclusion. The current price list is published on CDC’s website.

Stated prices include applicable value-added tax (VAT) at the time the service is rendered. The client will receive a formal invoice upon registration. This invoice must be paid in full—by cash, credit card, or bank transfer—prior to the start of the booked activity or course-related service.

The agreed payment covers CDC’s logistical and organizational services, such as coordination, use of equipment, facilities, and transportation. Instructional services rendered by independently certified scuba instructors are included in the overall package for practical reasons, but are provided under the full responsibility of the respective instructor. CDC acts solely as the booking and coordination party.

The decisive payment value is the amount actually received by CDC, not the amount instructed for transfer.

7. Scope of Services and Unused Services

The scope of services is based on the individual agreement between the client and Chang Diving Center CO., LTD. (CDC). This includes logistical support, transportation, rental equipment, and coordination of certified instructor-led training sessions.

If individual services are not used by the client after booking, CDC reserves the right to retain the full service price. No refunds will be provided for services already rendered. In the event of illness or health-related interruption of training, CDC may grant a partial refund for unused services—provided a valid medical certificate is submitted no later than 8 hours before the scheduled activity.

If a course is interrupted for medical reasons, the client may resume within 12 months without additional cost, provided they are medically cleared to dive again. After 12 months, a new registration and full payment will be required.

For services organized by CDC that involve third-party providers (e.g., travel arrangements, boat charters, accommodation), any reimbursement will be subject to the cancellation terms of the respective external provider. CDC will deduct a 25% handling fee in such cases.

8. Conditions of Participation

Participation in any diving activity requires meeting the relevant prerequisites, such as medical fitness, training level, and the number of qualifying dives. These requirements are specified in the respective course descriptions and according to the training standards published by the certifying agencies.

During training or guided dives, the assigned instructor or dive guide has the authority to issue binding instructions to the participant. Failure to follow these instructions may lead to exclusion from the activity for safety reasons. In cases of serious or repeated misconduct, the instructor may terminate the participant’s involvement immediately. CDC supports this decision in its role as logistical coordinator.

In such cases, or if a participant voluntarily cancels or fails to attend scheduled sessions, there is no entitlement to a refund of services already provided. Missed training sessions may incur additional fees for rescheduling or instructor reallocation. Applicable charges for theory or practical sessions are listed in the current CDC price list available on the official website or upon request.

CDC assumes no liability for loss, theft, or damage of personal belongings, including diving equipment. For introductory and beginner programs (e.g., Open Water Diver), the required equipment will be provided by CDC and must be handled with care. Participants are liable for any damage or loss caused through negligence or misuse.

For advanced training, participants must provide a complete, tested, and well-maintained set of diving equipment suitable for local conditions, or may rent suitable equipment from CDC for an additional fee.

All participants are expected to comply with established diving safety standards throughout their involvement in the program.

9. Before Dives, Dive Tours, Snorkeling or Boat Trips

Before participating in any diving activity, snorkeling, boat trip, or training session coordinated by Chang Diving Center CO., LTD. (CDC), each participant is required to complete and sign a liability disclaimer and a medical self-assessment form. For dive courses, a health declaration and assumption of risk form provided by the respective certifying agency must be completed prior to the first training session.

Alternatively, participants may submit a valid medical certificate confirming their fitness to dive, issued by a qualified physician. For students aged 45 or older who cannot answer "NO" to any question on the health declaration, a medical certificate not older than two years is mandatory. Underage participants must present a diving medical examination that complies with GTUEM or equivalent standards.

In addition to formal documentation, participants must be in good physical and mental health on the day of the activity. This includes being well-rested, well-nourished, and free of any influence from alcohol, drugs, nicotine, or intoxicants. Any violation of these conditions may result in immediate exclusion from the activity. All resulting costs shall be borne by the participant.

Instructors and staff assigned by CDC have the authority to exclude participants from any activity if health concerns, safety risks, or psychological impairments are suspected. Participation is always at the client’s own risk. While recreational diving is generally safe, it carries residual risks. CDC therefore strongly recommends obtaining dedicated dive accident insurance (e.g., through DAN or a comparable provider).

Successful completion of a course requires that all theoretical and practical performance requirements, as defined in the relevant agency’s training standards, are fully met. The decision regarding certification lies exclusively with the assigned instructor. Mere participation and payment do not automatically entitle the participant to receive a certification.

10. Data Use and Data Protection

The collection, processing, and storage of personal data by Chang Diving Center CO., LTD. (CDC) is carried out in accordance with applicable data protection laws and regulations.

By registering for services, the client consents to the use of their personal data for the following purposes: handling bookings, processing payments, maintaining business communication, and documenting participation in diving-related activities. This includes, where applicable, storing records for training verification or regulatory compliance.

Personal data will be treated confidentially and will not be disclosed to third parties unless required by law or expressly authorized by the client. CDC implements appropriate technical and organizational measures to protect stored data against unauthorized access, loss, or misuse.

11. Liability

Chang Diving Center CO., LTD. (CDC) is liable for damages only in cases of intentional misconduct or gross negligence, in accordance with applicable legal regulations.

In the event of slight negligence, CDC shall only be liable for damages resulting from injury to life, body, or health, or for the breach of essential contractual obligations. In such cases, liability is limited to typical and foreseeable damage related to the nature of the contract.

CDC is not liable for training content, conduct of instruction, or decisions made by independently operating scuba diving instructors. These instructors provide their services in their own professional capacity under the standards of their respective training agencies.

CDC is responsible for its own logistical services and the conduct of its employees or legal agents to the extent permitted by law. This includes claims for performance, substitute performance, or compensation for useless expenses—regardless of the legal basis, including liability due to delay, defect, or impossibility.

12. Place of Jurisdiction

The entire legal relationship between the contracting parties is governed by the laws of the Kingdom of Thailand. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded.

13. Other Provisions

There are no verbal or subsidiary agreements outside of this contract. Any changes or additions must be made in writing to be legally valid. If individual provisions of these terms and conditions become invalid due to legal regulations, all remaining provisions shall remain unaffected and in full legal effect.

14. Price Changes

CDC reserves the right to change its prices at any time. However, services already booked and confirmed at a specific price will remain valid at the originally agreed rate.

15. Safety at the Dive Site and During Diving Activities

CDC reserves the right to make short-term adjustments to planned dive sites or dive parameters (e.g., depth, location) due to weather conditions, currents, visibility, or other safety considerations. All diving activities are led by qualified and experienced Divemasters and Instructors who are familiar with the local dive sites around Koh Chang.

16. Headquarters of the Company

Chang Diving Center CO., LTD.
21/52 Moo 4, Klong Prao Beach
Koh Chang, Trat 23170, Thailand

17. Down Payment and Non-Refundable Materials

Deposited funds will be refunded in case of cancellation at least 14 days before the scheduled course start, minus any non-recoverable transaction or processing fees (e.g., PayPal). For cancellations made less than 14 days before the start date, the deposit will be retained in full.

If a diving course includes digital or physical educational materials (e.g., eLearning access, digital manuals, certification fees), these will be registered to the participant immediately upon payment. Such materials are non-transferable and cannot be refunded once access has been granted or registration completed.

In such cases, the corresponding portion of the payment covering the educational materials is considered consumed and remains non-refundable, even if the participant cancels or does not attend the course.

18. Language Version and Interpretation

These Terms & Conditions are published in English and may be available in translated versions (e.g., German and Thai) for convenience. In the event of any inconsistencies or discrepancies between the translated versions and the English original, the English version shall prevail.