General Terms and Conditions
This User Agreement ("Agreement") is made between Passion Net Company Limited ("Asia-Diving.com") which owns and operates the internet site with the URL: www.Asia-Diving.com ("the Web Site") and you who access and/or visit or cause to access and/or visit the Web Site ("you/your").
Your usage, access, visit, or shopping at the Web is on express condition that you accept without variation the terms and conditions set out herein. The information contained in these web pages may be amended by us from time to time without notice to you. You need to review these web pages each time you use this Site. Your usage, access, visits, or shopping at this Site constitutes your agreement to all the terms and conditions in force for the time being as set out herein. If you do not agree to any part of the following terms or conditions, you must not use this Site.
1. YOUR OBLIGATIONS
You agree to:
Keep your Username and Password secure and protected from unauthorized access or use.
Immediately notify Asia-Diving.com if you become aware of, or suspect, any unauthorized access to your Username and Password, or any other breach of security. Asia-Diving.com will not be liable for any loss that you may incur as a result of any unauthorized usage of your Username or Password or account, either with or without your knowledge;
Maintain and promptly update your Account to keep it true, accurate, current and complete;
To bear full financial responsibility for all uses of these Sites by you and those using your login and credit card information, including but not limited to minors living with you and to supervise all usage by such minors of this Site;
To use the information available on or from these Sites for non-commercial use and information purposes only. Any unauthorized commercial use of the information or services provided through this Site is expressly prohibited;
Not to use this Site in a way which interferes with its availability for other users?
Not to use the account of any other Asia-Diving.com's member, without the express permission of the account holder;
Not to use this Site to make any speculative, false or fraudulent booking/reservation or any booking/reservation in anticipation of demand.
2. REPRESENTATIONS WARRANTIES
You fully represent and warrant that:
you are of sufficient legal age to use this Site in accordance with all terms and conditions herein and to create binding legal obligations for any liability you may incur as a result of the use of these Sites;
all information supplied by you in using these Sites are complete, true and accurate;
you shall not post or transmit any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, or otherwise violate any law.
3. SOFTWARE AND COPYRIGHT
This Site and all content on this Site ("the Content") are the property of Asia-Diving.com and/or it's travel product suppliers or independent supplier(s) ("Suppliers") or the party credited as the provider of such Content. Asia-Diving.com retains all rights (including, but not limited to trademark rights, copyright and patent rights) with respect to all software and underlying information or material available through this Site.
The Content is intended solely for your personal, non-commercial use. You may not copy, print, reproduce, reengineer, disassemble, upload, download, store, display in public, alter or modify, publish, transmit, participate in the transfer or sale of, reproduce (except as provided herein), create derivative works from, distribute, perform, display or in any way exploit, any of the Content, in whole or in part.
You are not to download or otherwise export or re-export any software or underlying information or material available through this Site, except to the extent that such downloading occurs in the course of using these Sites in accordance with our written instructions or otherwise as expressly permitted in this Agreement. All rights not expressly granted herein are reserved. This clause shall survive any termination of this Agreement.
Your use of Asia-Diving.com is at your sole risk. This Site (including the products and services) is provided on an "as is" basis and you assume total risk and responsibility for your use of this Site.
To the maximum extent permitted by law, Asia-Diving.com assume no responsibility whatsoever and howsoever and specifically disclaims all warranties, express or implied, in respect of this Site including, but not limited to, merchantability, fitness for a particular purpose, non-infringement of intellectual property or other proprietary rights or compatibility between these Sites and any software or hardware.
The information contained in these Sites is subject to change without notice.
Asia-Diving.com neither warrants nor makes any representations regarding the accuracy or completeness, quality or adequacy of this Site or of any of the data or information contained in this Site or that the use of this site will be timely, uninterrupted, secure or error free or that any information, data, content, software or other material accessible through this Site will be free of bugs, viruses, worms, trojan horses or other harmful components. Asia-Diving.com will not be responsible for any loss resulting from your reliance on any information provided on this Site.
5. LIMITATION OF LIABILITY
ASIA-DIVING.COM ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THIS SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE SITE. IN NO EVENT SHALL ASIA-DIVING.COM NOR ITS SUPPLIERS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH
ANY USE OF THIS SITE OR CONTENT FOUND HEREIN,
ANY FAILURE OR DELAY (INCLUDING, BUT NOT LIMITED TO THE USE OF OR INABILITY TO USE ANY COMPONENT OF THIS SITE FOR BOOKING/RESERVATIONS OR TICKETING), OR
THE PERFORMANCE OR NON PERFORMANCE BY ASIA-DIVING.COM OR ANY THIRD PARTY PROVIDERS OR DISTRIBUTORS,
EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO SUCH PARTIES OR ANY OTHER PARTY.
Notwithstanding anything contained in this Agreement, the liability of Asia-Diving.com and/or its Suppliers and their officers, directors, employees and agents shall in no event exceed, in the aggregate, US $100.
The disclaimer and limited liability of Asia-Diving.com as set out in this Agreement are fundamental elements of the basis of the bargain between you and Asia-Diving.com, and you agree that Asia-Diving.com would not otherwise be able to offer the products and services on its present basis without such limitations. This clause shall survive any termination of this Agreement.
7. FORCE MAJEURE
Asia-Diving.com shall not be liable for damages of any kind arising out of any failure or delay by Asia-Diving.com in performing any or all of our obligations contained herein or in respect of any product or service if the failure or delay is due to circumstances or cause beyond our reasonable control.
8. RESTRICTION/ CANCELLATION OF SERVICE
Asia-Diving.com may, at any time and at its sole discretion and without cause or notice, terminate or restrict your access to any component of this Site or refuse to give effect to any booking or booking/reservation requested by you, terminate your password, account (or any part thereof) or use of this Site, and remove and discard any Content within this Site, without being required to give any reasons or advance notice to you.
Further, you agree that Asia-Diving.com shall not be liable to you or any third-party for any termination of your access to this Site.
You shall indemnify and keep Asia-Diving.com and/or any of its Suppliers and their officers, directors, employees and agents indemnified against all claims, demands, actions, proceedings made or brought against Asia-Diving.com arising from your use of this Site and/or any breach of any term or condition by you.
10. LINKS TO THIRD PARTIES
This Site may contain hyperlinks to web sites operated by third parties. The inclusion of hyperlinks to any such web sites does not imply Asia-Diving.com's endorsement of such web sites nor any association with their operators. Asia-Diving.com is not responsible for the contents of other web sites. Linking to any hyperlinked web sites is done at your own risk and subject to the specific terms and conditions (if any) of such hyperlinked sites.
This Site also may contain advertisements by third parties. Unless otherwise specifically stated on this Site, we do not endorse or make any representation or warranty regarding the liability or quality or accuracy of any products or services featured in, or linked to any advertisements that appears on this Site.
Asia-Diving.com reserves the right to change the terms, conditions, and policies under which Asia-Diving.com's products and services are offered. You are responsible for regularly reviewing these terms and conditions including such additional, modified, or varied terms posted from time to time. Your continued use of this Site shall constitute your acceptance of the terms and conditions, as modified.
Any provision of this Agreement which is invalid, prohibited or unenforceable shall: be ineffective to the extent of the invalidity, prohibition or unenforceability; not invalidate the remaining provisions of this Agreement; and such provision shall nonetheless be applicable or enforceable to the fullest extend permitted by law.
13. RELATIONSHIP BETWEEN THE PARTIES
No joint venture, partnership, employment or agency relationship exists between you and Asia-Diving.com as a result of this Agreement of your use and/or access, visit or shopping at this Site.
14. ADDITIONAL/SPECIFIC TERMS AND CONDITIONS
Additional terms and conditions and policies posted on this Site may apply to your booking/reservations and purchase of our products and services and use of other components of the Site and you agree to abide by these terms, conditions, and policies, and other components of the Site.
Asia-Diving.com may at any time modify these terms and conditions without notice to you and your usage of this Site shall be conditioned upon the terms and conditions in force at the time of your use.
16. ENTIRE AGREEMENT
This Agreement constitute the entire agreement between the parties in respect of its subject matter and supersedes all prior understandings or agreements (whether oral or written) regarding the subject matter and may not be amended or modified except by us herein.
17. GOVERNING LAW
This Agreement and its performance shall be governed by and construed in accordance with the laws of
and you consent and submit to the non-exclusive jurisdiction of the courts of Thailnad.
TERMS AND CONDITIONS OF PURCHASE
Please note that the booking/reservation and purchase of all our products and services (collectively referred to as "the Travel Products") are subject to the following terms and conditions AND other terms imposed by our third party providers, fulfillment providers, airlines, other travel products and independent supplier(s) ("Supplier") from time to time ("Supplier Terms").
By effecting a booking of the Travel Products through this Site, you expressly agree to be bound by terms and conditions herein and the Supplier Terms.
1. MEMBERSHIP You may only make bookings or reservations for our Travel Products or booking/reservation requests upon registration as a member of Asia-Diving.com. Membership is not transferable but a member may make bookings on behalf of non-member(s). You agree to bear full financial responsibility for all usage, access, visit or shopping at this Site using your login and credit card information, including but not limited to usage by minors living with you.
2. CHANGES TO RATES The rates quoted in respect of the Travel Products are subject to change without notice.
3. REMOVAL OF TRAVEL PRODUCTS Asia-Diving.com reserves the right at any time and from time to time to remove, modify or discontinue, temporarily or permanently the Travel Products (or any part thereof) with or without notice. You agree that Asia-Diving.com shall not be liable to you or to any third party in any way for any modification suspension or discontinuance of the Travel Products.
4. RESERVATIONS Asia-Diving.com and their Suppliers are entitled at their discretion to refuse and/or decline to accept any booking or reservation placed through this Site. You are responsible for your travel planning and any bookings or reservations made based on such planning. Asia-Diving.com will not be held liable nor entertain a refund of any nature should you book or reserve a Travel Product that is not suitable. If you have any special requests, these will be passed on to the relevant Suppliers but cannot be guaranteed by Asia-Diving.com. Unless otherwise stated, all bookings or reservations are non-exchangeable and non-transferable.
5. TRAVEL PRODUCTS All Travel Products posted on this Site are offered by independent Suppliers and are subject to their terms and conditions and the availability of the Travel Product. Asia-Diving.com do not independently verify the accuracy and quality of the information and does not guarantee its accuracy, completeness or adequacy. Asia-Diving.com merely acts as a electronic booking platform for Travel Products of the Suppliers and shall not be responsible nor liable for: overbooking, misinformation or mishandling of any booking/reservation or booking by the Suppliers; or any other dissatisfaction or complaint relating to the quality of the Travel Products provided by the Supplier; any damage or loss to your personal property or personal injury howsoever sustained or caused. Asia-Diving.com shall not be considered a party to any transaction between you and any Supplier whether or not Asia-Diving.com may have received some form of revenue or remuneration in connection with such transaction or be liable for any costs or damages arising out of, either directly or indirectly from you or any other person involved or related to the transaction.
6. TRAVEL REQUIREMENTS It is your responsibility to obtain a visa (where required) and other relevant travel document at your own costs. Please ensure you have a valid passport for the duration of your trip. If you require any further information on passport or visa requirements please refer to the Web Site or contact our customer services department
7. FORCE MAJEURE Neither Asia-Diving.com nor the Supplier shall be liable for damages of any kind arising out of changes to the rates, route, timetable, itinerary in respect of the Travel Product due to unforeseen circumstances or circumstances beyond our control.
In order for us to process your booking/reservation request, you are required to provide details of your credit card. Submission of your booking/request shall be deemed to be IRREVOCABLE AUTHORIZATION by you for Asia-Diving.com to book the Travel Product(s) immediately on your behalf and charge your credit card for full payment upon receipt of the Supplier's confirmation of the availability of your requested Travel Product(s). The balance payment for these Travel Product(s) (if applicable) shall be charged to your credit card by us. However, Asia-Diving.com will not automatically charge your credit card and make a booking/reservation on your behalf where there is a difference in the quoted rates.
Within 48 hours of the submission of your request, you shall be notified on the status of your request via email at your designated email address provided as part of your registration with Asia-Diving.com. In the event your requested Travel Product(s) is not available, you shall be provided with suggestions of alternative Travel Product(s). There shall be no fees charged on you nor shall we charge your credit card unless you decide to accept the suggested Travel Product(s).
Notwithstanding the above, there may be situations beyond our control where we may not be able to notify you due to an incorrect or invalid email address or due to technical problems. If for any reason whatsoever you do not receive an email notification from us within 48 hours from the submission of your request, you are solely responsible to immediately check the status of your booking/reservation request at your Asia-Diving.com personal folder or contact our customer service center immediately. Please quote your booking/reservation reference number or your user name when contacting us. For avoidance of doubt, the submission of your booking/reservation request shall be an irrevocable instruction and authorization by you to Asia-Diving.com to book the Travel Product(s) on your behalf and arrange for their due payment in accordance to the terms and conditions hereof AND you agree and confirm that the non-receipt of an email notification by Asia-Diving.com for whatsoever reasons shall not invalidate your booking/reservation request nor render the request void in any way.
All Travel Products offered on this Site are subject to availability and acceptance, at the discretion of the Supplier of such product or service.
In the event a Travel Product booked by you is not available, Asia-Diving.com shall use its reasonable endeavors to suggest an alternative product or service of similar pricing and quality.
Where the Travel Product is either not available or our suggested alternative (where applicable) is not acceptable to you but is nevertheless fully paid, we shall make a refund in accordance with our Refund Policy.
If you fail to accept our suggested alternative Travel Product by the specified deadline, we reserve our right to cancel our tentative booking of the same.
2. CHANGES TO ITINERARY
If the payment transaction has not been processed, you may make changes to your itinerary without having to pay a service charge. However, your balance will be adjusted if the changes involve upgrades or supplementary products or services.
If the package has already been paid in full, you can still make amendments to your itinerary. Incremental payment, if any, will be charged to your credit card.>
If a package has already been paid in full and you would like to replace it with another entirely different package, you will have to cancel the first package and make a new purchase.
3. REFUND POLICY
In the event you decide to cancel your booking/reservation, you may be entitled to a refund depending on the current policy in force of Asia-Diving.com.
4. TRAVEL VOUCHERS
It is your responsibility to ensure that the details on your travel voucher are correct, accurate, and complete.