TERMS & CONDITIONS
Please understand that we will go to every effort to assure your trip goes smoothly, that we offer the highest quality service and your journey with us is a truly memorable experience. However, things do go awry. For that reason, we must include all the legal matters listed below. Much of what is said below is for the “worst case”. We do not always rely on these terms and often seek to find a more amicable and reasonable solution. These terms and conditions are here if we need them, not because we must use them. As our lawyer said – if the sh*t hits the fan – better have that page up!
I herewith certify and acknowledge that I understand that my acceptance on a diving and/or snorkeling program organized and conducted by Wicked Diving or it’s partners, is predicated on my assurance that I am physically fit to engage in ocean scuba diving, and that I have had or will receive sufficient training in scuba diving and that I fully understand the risk of ocean diving, of living and traveling on board a ship and the dangers arising from force of nature, and I am prepared to assume such risk.
In order to induce Wicked Diving or its partners to accept me as a member of the aforementioned diving program, I hereby release and absolve Wicked Diving or its partners, its agents, employees and invitees from any and all damages resulting from death or personal injuries, including loss of services, which I may sustain on account of, arising from, or in connection with the aforementioned diving program or the ownership, maintenance, use or operation of any automobile, ship, boat, water sport equipment or otherwise.
I further understand that remoteness of destination, local custom and/or prevailing weather conditions may cause minor inconvenience or modification to the diving portions of the tour, and Wicked Diving or it’s partners reserve the right to modify and/or cancel diving arrangements due to unfavorable weather conditions and/or technical difficulties at any time.
I also agree to pay compensation at full current market value to Wicked Diving or its partners for any and all damage or loss of property and equipment belonging to Wicked Diving or it’s partners resulting from abuse or negligence on my part. This liability waiver is all subject to the terms and conditions above, which have been read, understood and unconditionally agreed to.
I further agree to strictly observe and comply with additional reasonable terms and regulations Wicked Diving or any of its employees may deem desirable or needful to prescribe during the course of any diving tour.
PAYMENT TERMS
Deposit: 50% upon booking
Final Payment: Due 45 days before departure date
If your balance payment is not received within a reasonable amount of time (taking into account weekends, bank holidays, delays on international trasfers…) , we assume you are cancelling your trip and your booking is no longer valid. Please make sure you inform us of any problems you may have, we are ready to help if we can.
For expeditions in Indonesia (9 days or longer) , Christmas and New Years trips in all regions full payment is 60 days before departure.
The final payment and balance of 50% must be paid 45 days (or 60 days ) before trip departure date. If the remaining balance is not received on or before that date WICKED retains the right to cancel the booking, keep the deposit, and resell the scuba diving activity/and or excursion.
• Special Offers Last Minute Bookings & Packages require 100% payment within 24 hours of booking
CANCELLATION TERMS
More than 45 days prior to departure: Refund of deposit less administration fee of 130 USD and less bank and/or paypal transaction fees. Return transfer of funds will take place no more than 45 days after requested by client.
More than 60 days prior to departure of expeditions in Indonesia (9 days or longer) , Christmas and New Years trips: Refund of deposit less administration fee of 180 USD and less bank and/or paypal transaction fees. Return transfer of funds will take place no more than 60 days after requested by client.
Less than 45 days prior to departure: No Refund
Less than 60 days prior to departure of expeditions in Indonesia (9 days or longer) , Christmas and New Years trips and Dive Master Courses: No Refund
Cancellations can only be acknowledged if received IN WRITING, by email info@wickeddiving.com. No cancellations accepted by telephone, SMS or chats. These cancellations must be acknowledged by Wicked Diving, in writing to be valid.
FULL CHARTERS
These trips can not be cancelled as we accepted your commitment to fill the boat in its entirety. If individuals contracted by the person chartering the boat cancel, it is up to the person chartering to find replacements.
For charters we need 25% down payment to block the boat and prevent other people booking, 25% needs to be paid 6 weeks later and the remaining balance 8 weeks before departure.
UNUSED SERVICES
No refund or compensation is due payable by WICKED DIVING for any unused training or trip portions. Guests who do not complete training or trips for any reason, are not entitled to a refund for a portion of the total cost.
PROGRAM CHANGES:
Wicked Diving Co., Ltd., its subsidiaries, and operators reserve the right to rearrange the order of any itinerary, to cancel or substitute elements of any schedule without notice when local conditions force such changes.
WICKED DIVING and the dive guides on the boat can prohibit participation on dives at their discretion based on lack of respect for marine park rules and regulations, lack of respect – or “handling” of any marine life, alcohol consumption between dives or not abiding by international safe diving rules. In this case we will not refund you for the missed dives.
Responsibility of Wicked Diving Co., Ltd.
Wicked Diving Co., Ltd and its subsidiaries, hereinafter called ‘Wicked’ acts only as agent for the person or companies providing accommodation, transport, liveaboard trips or day trips etc. hereafter called ‘Service Providers’ and Wicked issues all booking documentation on the Service Providers’ terms and conditions.
The tour member acknowledges that neither Wicked, nor its subsidiaries, affiliated companies, staff or agents shall be responsible or become liable in contract or tort for any injury, damage, loss, delay to person or property, additional expenses or inconvenience caused directly or indirectly by any Service Provider or by “force major” or other events beyond Wicked’s control, including, but not limited to war, civil disturbance, pilferage, delays, severe weather, Acts of God, Acts of Government, accidents to or failure of machinery, equipment, vehicles or industrial disputes.
Wicked shall not be liable for, or responsible to, any tour member in the event of dissatisfaction based on personal opinion regarding the standard of service or accommodation provided by any Service Provider nor be liable or responsible for any disappointment, distress, lack of enjoyment arising from any act or omission whatsoever. Wicked will only acknowledge liability in the case of proven justified complaints in writing relating to specific and tangible inadequacies of facilities, accommodation or services provided. In the event of such a complaint the customer is requested to immediately contact Wicked or the Service Provider, hotel etc., for remedial action to resolve any problem or irregularity at that time. Only if such a complaint has been lodged will Wicked consider to fully investigate and act on any complaint.
BOOKING POLICY AND PROCEDURE
Once you have checked availability with WICKED DIVING (Wicked Diving Co, Ltd.) and selected your desired scuba diving activity and wish to make a firm booking, we then require a deposit of 50% of the total trip cost, if booked more than 4 or 8 weeks in advance. If booked closer to departure (4 or 8 weeks) full payment will guarantee your booking.
Cancellation Terms can be found higher up.
Payment methods can be made securely online through ThaiEpay for Thailand or Paypal for Indonesia. Both secure gateways accept all major credit cars such as ; American Express, Visa, and MasterCard, or you may also pay by bank transfer. WICKED DIVING will supply you with the appropriate bank details upon booking.
*Please note that bank transfer charges are to be paid by the sender*
Upon receipt of 50% deposit (or full payment) for the specified scuba diving activity/and or excursion, WICKED DIVING (Wicked Diving, Co., Ltd.) will make the necessary confirmation with the specified operator on your behalf and you will be sent the appropriate written confirmation.
It is your responsibility at the time of booking to familiarize yourself with and adhere to the specific country entrance requirements, for passports, visa and inoculations.
INSURANCE DETAILS
WICKED DIVING (Wicked Diving Co., Ltd.)
We strongly urge our guests they purchase a fully comprehensive travel insurance package that covers accident, medical, baggage, personal liability and effects and trip cancellation/interruption when a reservation is made. We strongly recommend our guests to use an insurer that covers any travel disruption due to technical malfunction/cancellation of planes and/or any other mode of transportation to the departure point of the booked trip, including travel disruptions due to natural disasters including but not limited to volcanic activities, earth quakes, flooding, severe storms.
In the event our guests are unable to make it to the departure point of the trip, no refunds from Wicked Diving will be possible for missed portions of the trip.
Please be advised that if guests choose not to carry travel insurance, Wicked Diving will not be held responsible for any financial disappointment caused by reasons beyond our control.
A travel insurance is personal preference and highly recommended, a DIVING insurance is not ! We require all divers to have a diving insurance !
Many travel policies have diving included or can be added on, so check this with your insurer. For those that forgot to take a policy, we do have short term dive insurance which can be obtained in our office, this insurance can cover the duration of the trip. More information on our Insurance Page.
MEDICAL AND HEALTH
WICKED DIVING is not certified to give you any medical advice. If you are unsure about any medical matter then please seek advice from a certified General Practitioner before scuba diving, and similar activities.
In taking any dive course, regardless of previous experience or training, WICKED DIVING requires a complete medical Questionnaire to be filled out.
Before commencing any vacation one should be physically able to enjoy themselves. The activities that WICKED DIVING offers can be physically demanding, and as such you will be required to be reasonably physically fit to participate and enjoy these activities. Discomfort, displeasure and pain resulting from the inability to do said activities as a result of physical unfitness are not ground for complaint or refund.
If you have any health problems, are on any form of medication or have had any illness, injury or operation that may affect you whilst diving, please let the staff of Wicked Diving know in advance. Failure to inform us about this may result in you not being able to dive as we would require medical clearance first, which may not be able to be obtained from local general doctors that are not specialist in hyperbaric medicine. Failure to do so disallows refunds or compensation for dives/activities lost.
If you are allergic to any form of medication, please state this clearly on the Registration Form. Anyone requiring vegetarian food or with any food allergies should advise us before the trip. Should you have any restrictions or requirements and not inform Wicked Diving previous to your trip departures, it may be difficult or impossible to meet such demands.
Please also note the following conditions to ensure a safe diving trip for all our customers:
Asthma. Please be aware that we do not accept divers with asthma if you have had an attack in the last 5 years – or those who take medication for prevention or treatment of asthma on all our dive trips in Thailand or Indonesia. if you have had an attack in the last 5 years. If you had an attack between 5-10 years ago, we will ask to see the results of a Spirometric test (lung function test) dated not older than 3 months.
Diabetes. Unfortunately we do not accept divers with this condition, as our staff are not medically qualified to a level to deal with any medical problems that may arise.
Thyroid Disease. Divers with thyroid disease or having no thyroid gland should bring a medical statement dated within the past 3 months proving that their cardiovascular system has been critically assessed.
Wicked Diving also can not accept divers with Hypertension (high blood pressure) or divers using anti-depressants (e.g. Prozac).
Previous cases of DCS and DCI in the last 5 years would require a medical clearance from a hyperbaric trained specialist.
Please note that for the above mentioned conditions we do NOT accept medical statements issued locally, unless they are from an accredited hospital or surgery. If you need any assistance or further advice on this subject, please contact us for further information
Wicked Diving is not willing to risk your life or endanger those around you by overlooking such conditions.
COMPLAINTS
Here at WICKED DIVING we see nothing as a complaint but as something we can improve. If you receive great service, please tell others, if you have an issue with the service provided, PLEASE TELL US!
Your experience, from the moment of booking to the departure terminal is all part of our relationship. You have chosen to share your valuable vacation with us and we take that seriously. If, at any point, you feel that you have been treated unfairly before or during your scuba diving activity then please let us know in writing as soon as possible.
Please make sure that you provide us with as much information as possible so we are able to investigate your case fully. Supply us with dates, names, conversations and facts.
If you don’t let us know we will not be able to improve the quality and service to you and others.
We do have some advice if you feel that the activity is not up to standards. Please report any issues IMMEDIATELY.
1. As soon as you feel there is an issue – Tell someone.
Make sure that you express any dissatisfaction clearly, and at the soonest opportunity, so any problem can be resolved in a timely manner.
2. Inform the captain and/or Tour Leader of the activity.
Please notify your guide and be specific as to what exactly the issue is, and how (s)he may help to resolve the problem. All staff members are trained in many fields, and are often in these positions for their problem solving abilities.
3. Satisfaction incomplete?
If your problem cannot be resolved by your Tour Leader, then Wicked Diving or her appointed representative will represent and support you and to attempt to resolve any settlement to a satisfactory reasonable resolution of said issue.
4. Keep a record.
If appropriate, then provide written documentation and a factual record of the occurrence, who was involved, and how you attempted to resolve the issues. Names, times, and details are important, please provide all facts, events, conversations and agreements that are related to your complaint in a timely manner. WE are on your side, but nothing can resolved if you do not take the time to lodge a formal written complaint no later than 28 days after said event.
NATIONAL PARK FEES
Marine National Park fees are not included and these fees must be paid strictly by cash directly to the activity leader upon arrival. These fees may change at any time at the discretion of the relevant authorities without much notice, fees levied by the authorities at the time of your arrival will be applied. The fees quoted via email are for reference only.
BOOKING CHANGES
If you decide to change your booking after you have made your reservation we will do our best to accommodate these changes. Please be aware that it may not always be possible. You should notify us as soon as possible of any changes, the sooner you do this the more likely it is that we can accommodate the change.
Changes done to confirmed booking more than 30 days before departure:There will be an administration fee of 100 USD (in addition to any changes or refunds necessary to the price of your reservation) for any booking changes which require the issuance of a new Confirmation of Reservation Completed or invoice, including, but not limited to, changes in dates, cabin or room type, activity and/or diving program.
Changes done 7-20 days before departure. There will be an administration fee of 25% of the booking cost in addition to any changes or refunds necessary to the price of your reservation) for any booking changes which require the issuance of a new Confirmation of Reservation Completed or invoice, including, but not limited to, changes in dates, cabin or room type, activity and/or diving program.
Changes less than 7 days before departure: There is a chance no changes are possible. We can not guarantee that any changes a guest wishes to undertake are possible or that spots/activities are available. Costs up to and including the costs of a replacement activity may be incurred.
LIABILITY RELEASE AND ASSUMPTION OF RISK
Wicked Diving cannot be held liable for and will not be responsible for personal injuries, property damage, or wrongful death that may occur during activities arranged, booked or performed by Wicked Diving. There are inherent risks associated with all activities offered by Wicked, and those risks must be accepted and accounted for. Wicked is neither negligent nor liable if accidents happen as a result of acts or omissions of other third parties.
Scuba diving requires a certification from a recognized diving agency such as PADI or SSI. It is your responsibility that you are suitably qualified, and provide proof of such qualification upon request, to participate in any diving activities prior to you taking part. Such activities include all diving activities other than Open Water Diver or Scuba Diver Course, or Discover Scuba Diving activities that allow participants to take part without a license.
Wicked Diving cannot be held liable for and will not be responsible for loss or damage on personal items such as individual dive equipment, camera and video equipment, strobes and other accessories, passports, flight tickets, jewelry….
UNFORSEEN EVENTS
If departure of your liveaboard cruise is not advisable – or may be dangerous to the life or health of the passengers or to the boat, due to conditions such as: bad weather, perils of the sea, Acts of God, political incidents, force majeure (i.e. tsunami, typhoon, severe storms, earth quakes…) then the captain has the sole discretion to delay or cancel the cruise departure.
Likewise, during the cruise – if bad weather or force majeure (i.e. tsunami, typhoon, severe storms, earth quakes…) events occur that make it inadvisable for passengers for the boat to return to port – then the captain shall have the right to delay or postpone sailing until conditions allow, and make adjustments to the itinerary that may including cancellation of calls to ports, or the re-sequencing of island visits.
Warnings issued by the Thai Meteorological Departments and warnings issued by the National Park Authorities will be adhered to without question.
Wicked Diving Co., Ltd. will refund all money paid by the customer where Wicked Diving Co., Ltd. itself cancels a trip, other than for reasons set out above in Force Majeure. In the case of a refund, transfer fees will be deducted from the refund.
Wicked Diving Co., Ltd. shall not accept any financial responsibility for any itinerary changes or cancellations resulting from circumstances outside of Wicked Diving Co., Ltd.’s control, such as, but not limited to, those stated above in Force Majeure.
In the unlikely event of a cruise being cancelled due to insufficient reservations we will alert you to this as soon as we become aware of this possibility. In these circumstances we will take all reasonable steps to ensure you receive an alternative and comparable cruise or give you a full refund.
CERTIFICATIONS
Please ensure you have a copy of your most recent certification card and dive log for the tour leader’s attention. Failure to show your certification may result in not being able to dive on the trip.
To partake in any scuba diving activity with we will require that you as the customer hold a certification from a recognized scuba diving society such as SSI, CMAS, BSAC and PADI.
It is your responsibility that you are suitably qualified. Upon request we will require proof of your certification therefore enabling you to partake in any scuba diving activities prior to you taking part. This does not apply to scuba diving courses where you are learning to dive such as a certification, which allows participants to take part without scuba diving certification.
POLITICAL UNREST
In the event of political unrest, military conflict, flight cancellations, or any other risk to customers or vessels due to political unrest, then WICKED DIVING has the right to cancel any liveaboard trip to this destination.
In this event, we will re-route your cruise to another destination at no extra cost. However, in these circumstances we are unable to consider this justification for you to cancel your cruise, and will therefore not be able to authorize any refund or compensation in this event.
Other Terms and Conditions
If there are any changes to the details supplied to us by you it is your responsibility to inform WICKED DIVING as soon as possible. WICKED DIVING will not be responsible for problems arising from your failure to adhere to instructions in WICKED DIVING emails or correspondence (e.g. late changes to your transfer information, your failure to satisfy permit documentation requirements etc)
All fares are quoted inclusive of taxes unless otherwise stated. Fares are subject to change without prior notice and are only guaranteed with confirmation.
Please note that the number of dives we list in any package is a best estimate based on normal circumstances, not a guarantee. Circumstances may arise during your liveaboard vacation (weather, illness, personal choice) where the total number of dives done is less than the number we estimate. There will be no partial refunds in these circumstances.
It is incumbent upon you to ensure that you meet the passport, visa, health requirements of the countries you wish to visit and those that you transit.
Like other online sales agents our website will NOT stop you from making impossible bookings such as two different liveaboard trips at the same time or where you book diving on the same day as a later flight. It is your responsibility to ensure that you do not make such reservations.
We will do our best to correct errors and omissions as quickly as practicable after being notified of them. However because of the sophisticated technology that is required in operating WICKED DIVING there may be times when obvious errors occur. For example, very occasionally, this may result in a price, product or other detail displayed or presented on our websites being incorrect. In this case we will do our best to correct the terms or revise them to mutual satisfaction, notwithstanding we reserve the right to cancel that contract, but this of course will be without any liability to you.