Terms & Conditions

1. Scope

The following general Terms and Conditions are mandatory and apply to all legal transactions conducted by Utopia Dive Center and HugMe in Phuket CO. These terms are also applicable to transactions carried out via telephone or electronically. Please note that the Terms and Conditions may be changed, added to, or modified at any time without prior notice.

1.1 Content of the online offer

Your access to and use of www.utopiadivecenter is strictly conditioned on your acceptance of and compliance with these Terms and Conditions. These terms apply universally to all visitors, users, and others accessing our website and/or utilizing our services. By accessing our website and/or using our services, you unequivocally agree to be bound by these Terms and Conditions. If you do not agree with any part of these Terms and Conditions, you must refrain from using the website and/or our services.

1.2 References and links

Our services may include links to third-party websites or services that are not owned or controlled by Utopia Dive Center and HugMe in Phuket CO. We do not exercise control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services. By accessing these links, you acknowledge and agree that we shall not be liable, directly or indirectly, for any damage or loss allegedly caused by or in connection with the use of or reliance on any such content, goods, or services available on or through these external websites or services.

1.3 Changes to These Terms and Conditions

At Utopia Dive Center and HugMe in Phuket CO, we strive to ensure that the content is accurate and up-to-date; however, we do not provide any warranties (expressed or implied) regarding the reliability, accuracy, or completeness of the information presented on the website. By continuing to access our website and/or use our services after any revisions take effect, you formally agree to be bound by the updated terms. If you do not accept the new terms, in whole or in part, you must cease using the website and/or our services immediately.

2. Depth Limits and Overhead Environments

All our policies strictly adhere to international diving standards and comply with the laws and regulations of the Kingdom of Thailand. Our diving qualifications align with PADI standards but can be interchanged with equivalent certifications.

Depth Limits:

All divers under 15 years: Maximum depth of 12 m
Discover Scuba Divers: Maximum depth of 12 m
Advanced Open Water Divers with Deep Dive: Maximum depth of 30 m
Divers with Deep Dive specialty: Maximum depth of 40 m
Divemasters: Maximum depth of 40 m, based on qualifications
Instructors: Maximum depth of 40 m, based on qualifications

Overhead Penetration:

Any overhead penetration beyond a "swim through" (defined as having entry and exit points at both ends, not exceeding 10 m in length) is restricted to divers holding overhead environment certifications.

2.1 Policy Enforcement:

Utopia Dive Center and HugMe in Phuket CO. assertively reserve the right to refuse further service without compensation to any diver who exceeds these depth limits, engages in unsafe or irresponsible diving practices, or disregards the instructions of their dive guide.

Furthermore, we will not tolerate any actions that cause damage to the underwater environment. Such behavior also results in the refusal of services without compensation.

As a recreational dive center, Utopia Dive Center and HugMe in Phuket, CO. are mandated to comply with national laws governing recreational dive establishments in the Kingdom of Thailand. Under no circumstances will a diver be allowed to exceed the maximum depth of 40 m, regardless of TEC certification status. Any diver who fails to cooperate due to negligence or obstinacy will face denial of further services without compensation. Additionally, we reserve the right to take legal action against any diver for damages incurred due to non-compliance with national laws.

3. General Booking/Assumption of Risk & Liability

All customers are required to present valid proof of diving certification, with a minimum of Open Water Certification.
All guests must unequivocally sign a liability waiver that acknowledges the inherent risks associated with scuba diving or snorkeling before engaging in any water activities.
The Company expressly prohibits offering any form of medical advice.

The Company retains the right to modify or cancel diving arrangements for various reasons, including but not limited to:

The remoteness or inaccessibility of a diving destination;
Local customs, war, political unrest, or any other hostilities, regardless of whether war is declared;
Natural disasters, including floods, earthquakes, storms, hurricanes, or other equivalents
Any technical or mechanical difficulties that may arise. No refunds will be issued for modifications or cancellations arising from these circumstances.
Customers or students who do not participate in any dives during a trip, or fail to attend training sessions or dives for any reason, will not receive reimbursement from the Company for any unused or uncompleted portions of the trip or course.

4. Insurance & Loss, Theft and Damage

All guests must secure adequate insurance coverage for their diving activities and equipment.
Utopia Dive Center and HugMe in Phuket CO. will not be held responsible for any damage, loss, or theft of personal belongings. Furthermore, we do not accept liability for dive equipment stored on our premises or in our vehicles; this service is provided in good faith. We strongly recommend that all guests obtain travel insurance to cover these risks.

5. Customer's Obligations

It is your responsibility as a diver to conduct a thorough inspection of your gear before each use, regardless of our efforts to keep our equipment in excellent condition.

You are fully accountable for any equipment you use and must pay for the full replacement costs of any dive gear that is lost or damaged. Treat the equipment with the highest level of care at all times.

You are required to be physically, emotionally, and mentally fit to participate in any activities you have signed up for. Any resulting injury or discomfort that arises from unfitness will not be accepted as grounds for complaint or refund.

We reserve the right to prohibit any individual from participating in a dive if they are deemed physically, mentally, or emotionally unfit, show a blatant disregard for National Marine Park rules and regulations, handle or harm marine life, consume alcohol between dives, or fail to adhere to general international safe diving standards and practices.

6. Cancellation & Refund Policy

The Company will issue a refund to the customer only if it cancels a trip or course for reasons not specified above. The Company is not financially responsible for any itinerary changes or cancellations resulting from circumstances beyond its control, including those previously mentioned. Any potential refunds will strictly adhere to our non-negotiable refund policy and will be enforced without exception.

In the event of a customer requiring emergency evacuation that necessitates the boat returning to land, the Company will not accept any financial responsibility for any subsequent itinerary changes.

Cancellations made more than 7 days before your booked trip will result in a full 100% refund.

If you cancel between 7 days and 3 days before your scheduled plans, you will receive a 50% refund.

Cancellations made 3 days or less before your planned trip will not result in any refund under any circumstances.

For all scuba and freediving courses, a 5000 Baht deposit is mandatory. In the case of an unexpected cancellation, you will receive a refund for the total course amount, excluding the non-refundable deposit.

PADI Pro courses will not be eligible for refunds under any circumstances but may qualify for re-scheduling options.

7. Waiver

The failure of either party to fulfill any obligation outlined in this agreement shall not constitute a waiver of their right to enforce any other obligations within the agreement. Each party retains the right to demand full performance of all contractual duties at all times.

8. Assignment

The customer is strictly prohibited from assigning any responsibilities or obligations or delegating any duties under this Agreement unless they obtain explicit written permission from the Company.

9. Agreement

This agreement explicitly outlines all rights and obligations of both parties concerning the subject matter addressed. No other arrangements, agreements, or undertakings shall be inferred or assumed beyond what is stated in this agreement.

10. Governing Law
This contract is unequivocally governed by, constructed, and enforced in accordance with the laws of the Kingdom of Thailand. Any questions or issues arising under this agreement or its provisions shall be resolved solely in the courts or tribunals of the Kingdom of Thailand, excluding all other courts or tribunals.