Terms & Conditions

Terms & Conditions

The following general terms and conditions apply to all legal transactions of Chang Diving Center CO, LTD. , hereinafter referred to as CDC. The general terms and conditions are also valid for legal transactions transmitted by telephone or electronically.

CDC offers introductory dives, dive courses, specialty courses, guided dives, training and practice dives and seminars (hereinafter referred to as “Courses”). An exact listing and description of the offer will be published by CDC on its website and in other media.

CDC does not take over any guarantee for the topicality, correctness, completeness or quality of the provided information. Liability claims against CDC, which refer to damages of material or idealistic kind, which were caused by the use or disuse of the presented information and/or by the use of incorrect and incomplete information, are in principle impossible, if on the part of CDC no as can be prove deliberate or roughly negligent being to blame for is present.

All offers are subject to change and non-binding. Parts of the pages or the complete publication including all offers and information might be extended, changed or partly or completely deleted by CDC without separate announcement.

CDC is not responsible for any contents linked or referred to from its pages – unless CDC has full knowledge of illegal contents and would be able to prevent the visitors of its site from viewing those pages.
CDC hereby expressly declares that at the time of setting the links no illegal contents were recognizable on the linked pages. CDC has no influence on the current and future design, contents or authorship of the linked pages. Therefore, CDC hereby expressly distances itself from all contents of all linked/connected pages that were changed after the link was set. This statement is valid for all links and references set within the own internet offer as well as for external entries in guest books, discussion forums, link directories, mailing lists and all other forms of databases set up by the author, to whose content external write access is possible. For illegal, incorrect or incomplete contents and in particular for damages resulting from the use or non-use of such information, the provider of the page to which reference is made shall be solely liable, not the person who merely refers to the respective publication via links.

CDC endeavours to observe the copyrights of the graphics, sound documents, video sequences and texts used in all publications, to use graphics, sound documents, video sequences and texts created by itself or to use licence-free graphics, sound documents, video sequences and texts.
All brand names and trademarks mentioned within the Internet offer and, if applicable, protected by third parties are subject without restriction to the provisions of the respectively valid trademark law and the ownership rights of the respective registered owners. The mere mention of a trademark does not imply that it is not protected by the rights of third parties!
The copyright for published objects created by CDC itself remains solely with the author of the pages. Any duplication or use of objects such as diagrams, sounds or texts in other electronic or printed publications is not permitted without CDC’s agreement.

The registration for a course can be made in writing, orally or electronically. If a registration is completed for a group, the group registrant assumes all contractual obligations.
The registration includes the acceptance of the terms and conditions by the client. These become part of the contract between the CDC and the client with the registration.
The registration is binding regardless of the actual participation. The cancellation of a registration is subject to costs. Cancellations of certification courses or day trips for any reason will incur a fee of 25% per person, less any transaction fees we have paid to the payment processors.

• Cancellations received within 14 days of arrival will incur a 25% per person fee.
• Cancellations received within 7 days of arrival will incur a 50% fee per person.
• Cancellations received within 3 days of arrival will incur a 100% cancellation fee per person.
• Unused functions are not refundable. If they do not appear, the entire payment is forfeited…

The contract begins at the specifically or individually agreed time.
The duration of the contract for the courses depends on the specified teaching units and practical exercises of the training regulations or on the individually agreed duration.

I understand and agree that PADI Members (“Members”), including Chang Diving Center CO., LTD.
and/or any individual PADI | TDI/SDI Instructors and Divemasters associated with the program in which I am participating, are licensed to use various PADI | TDI/SDI Trademarks and to conduct PADI | TDI/SDI training, but are not agents, employees or franchisees of:

I further understand that Member business activities are independent, and are neither owned nor operated by PADI | TDI/SDI, and that while PADI | TDI/SDI establishes the standards for PADI | TDI/SDI diver training programs, it is not responsible for, nor does it have the right to control, the operation of the Members’ business activities and the day-to-day conduct of PADI | TDI/SDI programs and supervision of divers by the Members or their associated staff. I further understand and agree that Chang Diving Center CO., LTD. is not responsible in any PADI | TDI/SDI branded Materials neither for the Content, function or correctness.

I, (client), hereby affirm that I am a certified scuba diver or a student diver under the control and supervision of a certified scuba instructor, and that I thoroughly understand the hazards of scuba diving including those hazards occurring during boat travel to and from the dive site (hereinafter collectively referred to as “Excursion”).
I understand that these inherent risks include, but are not limited to, drowning, air expansion injuries,
decompression sickness, embolism, or other hyperbaric injuries that require treatment in a recompression
chamber; slipping or falling while on board, being cut or struck by a boat while in the water, injuries
occurring while getting on or off a boat, and other perils of the sea; all of which can result in serious injury
or death. I understand the Excursion will be conducted at a site that is remote, either by time or distance
or both, from a recompression chamber and emergency medical facilities. I still choose to proceed with
the Excursion. By signing this Agreement, I certify that I am fully aware of and expressly assume these
and all other risks involved in making such a boat trip and scuba dive(s), whether conducted as a certified
diver or a student diver in a diving class.

I understand and agree that neither Chang Diving Center CO., LTD. the dive professional(s); nor the crew or owner of the vessel; nor the vessel itself; nor PADI | TDI |SDI, nor its affiliate or subsidiary corporations; nor the owners, officers, employees, agents, contractors or assigns of the above listed individuals and/or entities (hereinafter “Released Parties”) may be held liable or responsible in any way for any personal injury, property damage, wrongful death or other damages to me or my family, estate, heirs or assigns that may occur as a result
of my participation in this Excursion, or as a result of the negligence of any party, including the Released
Parties, whether passive or active.

I affirm I am in good mental and physical fitness to scuba dive. I further state that I am not under the
influence of alcohol or any drugs that are contradicted to diving. If I am taking medication, I affirm that
I have seen a physician and have approval to dive while under the influence of the medication/drugs. I
understand that skin and scuba diving are physically strenuous activities and that I will be exerting myself
during this Excursion, and that if I am injured as a result of heart attack, panic, hyperventilation, drowning
or any other cause, that I expressly assume the risk of said injuries and that I will not hold the Released
Parties responsible for the same.

I am aware that safe dive practices suggest diving with a buddy unless trained as a self-reliant diver.
Accordingly, it is my responsibility to plan my dive allowing for my diving experience and limitations,
and the prevailing water conditions and environment. I will not hold the Released Parties responsible
for my failure to safely plan my dive, dive my plan, and follow the instructions and dive briefing of the
dive professional(s)/vessel crew.

I affirm it is my responsibility to inspect all of my equipment prior to
the Excursion and that I should not dive if my equipment is not functioning properly. I will not hold the
Released Parties responsible for my failure to inspect my equipment prior to diving or if I choose to dive
with equipment that may not be functioning properly.

I further state that I am of lawful age and legally competent to sign this Agreement, or that I have
obtained the written consent of my parent or guardian. I understand the terms herein are contractual and
not a mere recital, and that I have signed this Agreement of my own free act and with the knowledge that
I hereby agree to waive my legal rights. I further agree that if any provision of this Agreement if found
to be unenforceable or invalid, that provision shall be severed from this Agreement. The remainder of
this Agreement will then be construed as though the unenforceable provision had never been contained
herein.

I understand and agree that I am not only giving up my right to sue the Released Parties but also any
rights my heirs, assigns or beneficiaries may have to sue the Released Parties resulting from my death.
I further represent that I have the authority to do so and my heirs, assigns and beneficiaries will be
estopped from claiming otherwise because of my representations to the Released Parties.

I, (client), BY THIS INSTRUMENT, AGREE TO EXEMPT AND RELEASE ALL THE ABOVE LISTED ENTITIES AND/OR INDIVIDUALS FROM ALL LIABILITY AND RESPONSIBILITY FOR PERSONAL INJURY, PROPERTY DAMAGE OR WRONGFUL DEATH, HOWEVER CAUSED, INCLUDING BUT NOT LIMITED TO, PRODUCT LIABILITY OR THE NEGLIGENCE OF THE RELEASED PARTIES, WHETHER PASSIVE OR ACTIVE. I HAVE FULLY INFORMED MYSELF AND MY HEIRS OF THE CONTENTS OF THIS NON-AGENCY DISCLOSURE AND ACKNOWLEDGMENT AGREEMENT AND LIABILITY RELEASE AND ASSUMPTION OF RISK AGREEMENT BY READING BOTH BEFORE I SIGNED BELOW ON BEHALF OF MYSELF AND MY HEIRS.

The course prices are based on the CDC prices valid at the time of the conclusion of the contract. The price list is published on the internet site. All stated prices include the value-added tax valid at the time of service provision.
The client will receive an invoice with his registration. This is to be paid at the latest before the course begins by cash payment or by bank transfer (credit card).
Decisive for the settlement of the course price is the amount received by CDC, not the amount instructed.

The scope of services depends on the respective contract between CDC and the client.
If individual services are not used by the client, the CDC reserves the right to retain the entire course price.
If the course is interrupted for health reasons (proof by means of a certificate), there will be no refund of services already used. The CDC is responsible for determining the amount to be refunded for course services not yet used.
If it is possible to continue the course within 12 months after termination, there will be no new costs. However, the student must be fit to dive again. If more than 12 months elapse, the client must register for a new course. The costs for this are borne by the client.
The following cancellation conditions apply to all courses and day trips:
Cancellations of certification courses or day trips for any reason will incur a 25% per person fee, less any transaction fees we have paid to the payment processors.

In case of illness, 75% of the course price will also be refunded up to 8 hours before the agreed appointment, only upon presentation of a medical certificate.
If the client has registered for external services within the scope of an event, which are only mediated by CDC, a possible reimbursement is based on the conditions of the provider of the external service plus the above mentioned 25%.

The prerequisites, the required training level, the number of mandatory dives (diving experience) for the courses can be found in the respective description and in the SUB training regulations from the Internet site.   
The diving instructor or dive guide is authorized to give instructions to the client for the duration of the course. The client is obliged to follow the instructions.
The client is in breach of contract if despite a warning, he/she persistently disrupts the course, or if a smooth running of the course cannot be guaranteed due to his/her behaviour. Furthermore, the CDC is entitled to terminate the course immediately in case of safety concerns of any kind (above and underwater). In all cases, the CDC reserves the right to exclude the client from the course. In case of a cancellation or exclusion, the client has no right to a refund of the course price. The same applies to expenses incurred by the client.
If the client is absent on one or more agreed dates, resulting in additional dates will be charged by the CDC to the client as follows
per theory unit 1000 ThB and per practice unit 3490 ThB.
The CDC is not liable for theft, damage or loss of personal belongings, valuables or the diving equipment used.
For the introductory and beginner training (OWD) the necessary equipment is provided. This must be handled with care. The student is liable for any damage or loss caused by him/her.
For further diving courses a complete, functional, tested and maintained cold water suitable diving equipment is required or can be borrowed from the CDC for an extra charge.
The “safety standards for diving” must be followed by the client during courses.

you will be asked to complete and sign a disclaimer and a statement of health. For diving courses/training, you must complete an acceptance of risk and a statement of health from the relevant diving organisation before the start of the course (this is not necessary if you present us with a medical certificate from your doctor stating that you are fully fit to dive). For students over 45 years of age, we ask for a medical certificate, not older than 2 years if you cannot answer NO to the declaration of health. Underage students must present a diving examination according to GTUEM guidelines.
Irrespective of the valid diving fitness certificate, a current good state of health as well as physical and mental well-being are prerequisites for participation in a dive. This includes a healthy diet, a balanced fluid balance and the renunciation of drugs, nicotine, alcohol and other intoxicating substances. In case of misuse this will inevitably lead to exclusion from the course. Any costs resulting from this shall be borne by the client.

In case of doubts about the health or psychological suitability, the CDC is entitled to exclude the client concerned from all courses.

The participation in the courses offered by the CDC is always at the client’s own risk.
Overall, diving is a safe sport. However, there is always a residual risk. The CDC therefore expressly recommends that you take out diving accident insurance (e.g. with DAN).

The training is only completed and the brevet is only handed over to the participant when he/she has mastered all the theoretical and practical evidence listed in the training record. The corresponding assessment is made exclusively by the instructor. The mere participation in a course and its payment does not entitle the participant to receive a corresponding certification.

The collection, processing and storage of personal data is carried out in accordance with the legal data protection regulations. The client agrees that his data may be processed, stored and used by CDC for the purpose of proof of education, contract handling and for the maintenance of the business relationship. In particular, the data will be treated confidentially and will not be passed on to third parties.

The CDC is liable in cases of intent or gross negligence according to the legal regulations. The liability for guarantees is independent of fault. In cases of slight negligence, the CDC is only liable according to the regulations of the product liability law, because of injury of life, body or health or because of violation of essential contractual obligations. The claim for damages for the slightly negligent violation of essential contractual obligations is, however, limited to the contract-typical, foreseeable damage, unless liability is assumed due to injury to life, body or health. The CDC is liable for the fault of vicarious agents and representatives to the same extent.
This regulation extends to compensation in addition to performance, compensation instead of performance and the claim for compensation because of futile expenses, no matter for which legal reason, including the liability because of defects, delay or impossibility.

The entire legal relationship between the parties is subject to Thai law, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

There are no subsidiary agreements to this contract. Changes or additions must be made in writing to be legally effective.
Should individual passages become invalid due to other legal norms, the remaining parts of the AGB remain legally effective.

We reserve the right to make price changes at any time, the already booked services & prices from you, but will be retained.

We also reserve the right to make short-term changes (such as dive site selection – dive depth etc.) for the planned dive site. Our dive guides are experienced and professional Divemasters & Instructors with many years of experience at the dive sites around Koh Chang.

Chang Diving Center CO., LTD.
21/17 Moo 4 Klong Prao Beach
23170 koh Chang, Trad

Deposited money will be refunded if you cancel 2 or more weeks before the start of the course minus the services and PayPal costs. In case of cancellation less than 14 days before the start of the course, the deposit will be retained.