Terms & Conditions for Dive Trips

Effective date: 1 January 2014

Dear divers and clients, below are the Terms & Conditions for dive trips organised by Ocean Elements Sdn Bhd, Kuala Lumpur, Malaysia. Clients who decided to join our dive trip and made payment to us for the dive trip are hereby deemed to have fully understood and agreed to abide by the following terms:

  1. A client who wishes to book a place on any of Ocean Elements Sdn Bhd dive trips shall make a payment of minimum 30% of the published diving package price, or RM500.00, whichever is higher.

  2. If for any reasons, the client decides not to join the dive trip which he/she has booked and has paid deposit for, and this decision is communicated to us 30 days or more before the trip date, and Ocean Elements Sdn Bhd has not paid any deposits to the local dive operator at that diving location, Ocean Elements Sdn Bhd shall refund 100% of the money paid by the client for that trip. However, if Ocean Elements Sdn Bhd has made deposit payment to the said local dive operator, we shall make our best effort to get the aforementioned dive operator to return the paid deposit to us. If successful, any amount of money returned by the dive operator shall be transferred to the client.

  3. If for any reasons, the client decides not to join the dive trip and this decision is communicated to us less than 30 days before the trip date, Ocean Elements reserved the rights to forfeit (i.e. retain) all of the money paid by the client for that trip. Nevertheless, in certain cases for example a death in the client's immediate family or a sudden medical condition preventing the client from joining the dive trip, Ocean Elements Sdn Bhd may consider refunding the money paid by the client. However, the client is hereby advised that Ocean Elements is under no obligation to make such a consideration.

  4. In cases where Ocean Elements Sdn Bhd is forced to cancel a dive trip due to the "Act of God" (natural disaster, etc.) or due to regulatory or Governmental advisory (for example, due to terrorism alert) and the money paid by the client to Ocean Elements Sdn Bhd has already been paid to the local dive operator at the intended diving location, we shall make our best effort to get the aforementioned dive operator to return the paid money to us. If successful, any amount of money returned by the dive operator shall be transferred to the client. However, if the said dive operator refused to return the money for any reasons, Ocean Elements shall be under no obligation to return any amount of money to the client.

  5. In cases where the client, for any reasons whatsoever, is not able to utilise any portions of a dive trip for which he/she has paid for, Ocean Elements Sdn Bhd shall be under no obligation to refund any amount money to the client.

  6. The client is hereby advised to obtain a suitable insurance (for example, Diving Injury Insurance offered by the Divers Alert Network - DAN) to cover for any illnesses or injury that may happen while travelling to and from or during a dive trip organised by Ocean Elements Sdn Bhd. If for any reasons, the client becomes ill or is injured during the dive trip, Ocean Elements Sdn Bhd shall make necessary arrangements to bring the client to a medical personnel or facility so that the client may receive treatment. However, in such cases, Ocean Elements Sdn Bhd shall be under no obligation to pay for the arrangement or treatment if they are not covered by an insurance under the client's name.     

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