Terms and conditions of sale

The present general and special terms and conditions of sale are applied to all the services offered by our agency. The purchase of these services is reserved for clients who have read these terms and conditions in their entirety beforehand and who accept them without reservation. The travel agency Water of Asia / Odasie reserves the right to modify the present General and Special Conditions of Sale without prior notice. For this reason, we recommend that you consult them when making your reservation. General Terms and Conditions of Sale Effective from 01 January 2014.

INTRODUCTION

The general terms and conditions of sale set out below govern the contractual relationship between any user of the odasie.fr website (referred to as "the customer" or "you") and the commercial brand of the company Water of Asia Co Ltd; Odasie, a company incorporated under Thai law, whose registered office is Administrative Office 9/85 Moo 9, Chaofa Road Chalong 83130 Phuket Thailand, registered under the number 0835561003502 with the following TAT number: 34/02066. By contacting Odasie/Water Of Asia directly or through a third party, you agree to abide by the General Terms and Conditions and the Terms of Use contained therein. CONTRACT CONCLUSION

1.1 The contract with Water of Asia Co Ltd – Odasie is concluded upon receipt of your registration in writing, by telephone or directly on the website by filling in the information sheets, insofar as your booking relates to a travel offer specific to Water of Asia Co Ltd – Odasie. This entails rights and obligations for both you and Water of Asia Co Ltd – Odasie. If you register other participants, you are responsible for their contractual obligations (such as payment of the travel price) as well as for your own obligations. You are strongly advised to read the following travel and contract conditions carefully. p>

1.2 By filling in the fields subject to contract validation on the website or by sending any other contractual document from the travel agent validating the registration/reservation, the customer acknowledges having read and expressly accepted all the terms forming the contract of sale, in particular the terms and conditions of sale./p>

1.3 By placing an order with the agency Water of Asia Co Ltd – Odasie, you declare that you are capable of discernment, declare that you have all the necessary authorizations to use the method of payment chosen during the validation of your order and you undertake to ensure your solvency. The agency Water of Asia Co Ltd reserves the right to suspend or cancel any order in the event of a refusal to issue payment authorization by the financial institutions involved. Similarly, it reserves the right to refuse to take into account an order from an Internet user with whom a dispute relating to the payment of a previous order remains. The customer is further advised that Water of Asia Co Ltd may analyse and/or verify the orders placed in order to fight against fraud, and in this context, reserves the right to ask the consumer for any proof it deems useful. At the end of this procedure, Odasie reserves the right to suspend or cancel any order, even in the case of payment authorization issued by the financial organizations concerned. In cases where this analysis and/or verification would suggest that the said order was placed in fraud of the rights of a third party, the agency shall not be held liable in the event of misappropriation or fraudulent use of any means of payment that has not been detected by this analysis and/or verification procedure..

2 – Conditions of payment

2.1 Clients Odasie

2.1.1 Acompte : A deposit representing 30% of the total amount of the trip must be paid within 72 hours of receipt of the quotation. This is to be paid by bank transfer to our account in Thailand at Kasikorn Bank or in Singapore at OCBC Bank.

2.1.2 Balance : The payment of the balance must be made no later than 60 days before departure. If we have not received the balance of the payment within 30 days before the departure of the tour or cruise, Water of Asia Co Ltd reserves the right to cancel the trip without refund of the deposit already received.

2. 1.3 Last minute booking: If the departure is less than 60 days from the date of registration, the entire trip must be paid at the time of registration, i.e. within 72 hours of receipt of the quotation and only by bank transfer to our account at OCBC Bank in Singapore.

Remark: For any payment by credit card, a 5% fee is applicable..

2.2 Clients Evaneos

2.2.1 Deposit : A deposit representing 30% of the total amount of the trip must be paid at the latest 72 hours after receipt of the quotation. It is to be paid by bank transfer or by credit card to the account of EVANEOS in France.

2.2.2 Balance : The payment of the balance must be made at the latest 60 days before departure. If we have not received the balance within 30 days before the departure of the tour or cruise, Water of Asia Co Ltd reserves the right to cancel the trip without refund of the deposit already received. 3

Last minute booking: If the departure is less than 60 days from the date of registration, the entire trip must be paid at the time of registration, i.e. within 72 hours of receipt of the quotation.

3 - PRICE CHANGES

3. 1 The Water of Asia Co Ltd – Odasie agency can modify its prices upwards between the day of registration/reservation and at least 20 days before departure to take into account variations such as:

  • transport costs, in particular fuel costs.
  • fees and taxes relating to the services offered (landing, embarkation and disembarkation taxes in ports and airports).
  • exchange rate fluctuations.
  • increases in the rates of our service providers.

3.2 If the price difference represents more than 10% of the originally agreed fixed price, you are obliged to cancel the contract within 5 days of receipt of our notification, at no cost to you. In addition, Water of Asia Co Ltd will refund you all payments already made in full and immediately. If the price increase is less than 10% of the fixed price, you are also entitled to cancel the contract by referring to the cancellation conditions described in point 4..

4 - CANCELLATION POLICY

4.1 Cancellation requests must be made in writing and sent to the agency Water of Asia Co Ltd – Odasie by email at the following address: voyage@odasie.fr

4.2 Cancellation and change fees (Normal Policy)

  • More than 60 days before departure: Cancellation: Administration fees only
  • Less than 60 days before departure: Cancellation: 30% of the price of the trip plus costs already incurred with our partners.
  • Less than 31 days before departure: Cancellation: 50% of the price of the trip plus costs already incurred with our partners. Less than 15 days before departure: Cancellation: 100% of the price of the trip.

Moreover, no reimbursement is made in case of plane delay, no-show at the departure of the plane, mechanical problems, weather, accidents, strikes, wars, criminal and terrorist acts, natural disasters, quarantine, change of government policy and any other reason beyond the control of Water of Asia Co Ltd. In the event that the operator is forced to cancel the cruise due to mechanical problems or lack of customers, we undertake to book you another boat of the same range or higher, in the event that the operator is obliged to interrupt the cruise due to weather conditions, no refund will be made. Should the operator be obliged to interrupt the cruise for mechanical reasons, we will do our utmost to ensure that the operator makes a refund equivalent to the number of days remaining, taking into account the operator's own terms and conditions of sale. Water of Asia Co Ltd cannot be held responsible for the compensation due by the operator (see point 6).

4.3 Cancellation and change fees (Covid-19)

Trips concerned: 

All bookings (materialized by the traveler payment) confirmed before January, 31st 2022 with a departure date before September, 30th 2022

Reason of cancellation: 

For all cancellation related to the COVID-19 pandemic in the traveler’s country of residence (such as local restrictions of government, restrictions to re-entry to its country of residence).

Cancellation policy:

  • Up to 30 days before departure: no cancellation fees 
    The traveler will benefit from a refund without cancellation fees (excluding flights) up to 30 days before the departure date with a simple email request
  • Between 30 days and departure date: postpone the trip in accordance with the traveler without fees (excluding flights)! Of course, if the traveler refuses to postpone the trip, your usual cancellation policy may apply. 

4.4 Cancellation Insurance

We strongly recommend that each participant takes out cancellation insurance covering trip cancellation, accident and loss of luggage. Please note that should you decide not to take out travel insurance, we will not be responsible for any financial loss caused by reasons beyond our control. Travel Insurance: Chapka Direct and for divers Dive Master Insurance. As of January 1st, 2014, we automatically offer our travellers a cancellation insurance. If the traveler refuses this service, Water of Asia Co Ltd – Odasie, cannot be held responsible.

4.5 Termination of the trip

If you are forced to terminate the trip prematurely for any reason, you will not be reimbursed for unused or partially used services.

5 - MODIFICATIONS MADE BY THE CUSTOMER

5.1 Change of a traveller

Any change or replacement of a traveller entails handling fees as follows:

  • More than 60 days before departure: 50 € per person
  • Less than 60 days before departure: 75 € per person
  • Less than 31 days before departure: 100 € per person
  • Less than 15 days before departure: 200 € per person

To this are added, at the client's expense, the additional costs related to the change(s)/purchase(s) of new plane, train, boat or cruise modification tickets from our service providers.

5. 2 Change of dates or destinations

For any change of date or destination, meaning the modification of the tour and the various orders already placed with our service providers, will incur booking fees as follows:

  • More than 60 days before departure: 150 €
  • Less than 60 days before departure: 200 €
  • Less than 31 days before departure: 350 €
  • Less than 15 days before departure: 500 €

To this are added, at the client's expense, the additional costs related to the change(s)/purchase(s) of new plane, train or boat tickets or modification of cruise from our service providers.

6 - LITIGATION AND LIABILITY

This contract is subject to Thai law. In accordance with Thai law, Water of Asia Co Ltd. is licensed by the TAT - Tourism Authority Of Thailand - an agency of the Thai Ministry of Tourism. This license covers financially in case of dispute any person doing business related to tourism. This license covers in particular the disputes that may arise from E-Tourism activities. For any information, please contact the TAT.

6.1 Water of Asia Co Ltd; Odasie is responsible before the customer as an intermediary between the latter and the various service providers (tour operators, airlines, hotels, carriers, restaurants, boats, etc.). The agency is committed in all cases to do its best to ensure the best quality of service. Nevertheless, it should not be confused with the service providers, who, in any case, are responsible for their services.

6.2 Diving accident, Insurance

Water of Asia Co Ltd – Odasie is not responsible for diving accidents or other accidents that may occur during the stay. Guests acknowledge that they must dive within the limits of their training and experience by following the instructions given by the supervising staff. We strongly advise you to take out personal insurance covering the practice of scuba diving, such as Divers Alert Network. Diving Insurer : Dive Master Direct or DAN

6.3 Change of program

Water of Asia Co Ltd – Odasie undertakes to respect as far as possible and as far as possible, the programmer initially agreed upon. In certain cases, due to a lack of availability on the part of our service providers or if unforeseen events require it, it is possible that certain changes may have to be applied. For any change of programme, the agency undertakes to find a similar or superior service to the one initially agreed upon and to inform the client by e-mail.

6.4 Room with extra bed

Some hotel establishments accept the reservation of an extra bed in a double, triple or family room. We would like to draw your attention to the fact that in most cases this is an extra bed which is far from guaranteeing the comfort of a normal bed. In addition, some hotels charge an extra fee for the provision of a baby cot, which is always payable on site.

7 - PERSONAL DATA PROTECTION

The information that you provide us with is essential for processing and routing orders and for drawing up invoices, and their absence will result in the cancellation of your order. By registering on the odasie.fr website, you undertake to provide us with true and sincere information about yourself. The communication of false information is contrary to these general terms and conditions as well as to the conditions of use appearing on the odasie.fr website. In accordance with the French law on "Information Technology and Civil Liberties", the processing of your information has been declared to the Commission National de l'Informatique et des Liberates (CNIL) (National Commission for Information Technology and Civil Liberties). Water of Asia Co Ltd – Odasie is authorised to collect, process and use information about you. This data is subject to computer processing. This activity is strictly regulated. You have a permanent right of access and rectification on all data concerning you. You may at any time make a request by post to Water of Asia Co Ltd; Odasie, a company incorporated under the laws of Thailand with its registered office at Administrative Office 9/85 Moo 9, Chaofa, Chalong, 83130 Phuket Thailand or by e-mail to voyage@odasie.fr

GENERAL CONDITIONS

Diving courses : Water of Asia Co Odasie is not responsible for the success of the diving courses that clients take. The success of clients in the diving course and their certification is the responsibility of the instructor who teaches them. Certification can only be acquired if clients meet the conditions defined by the standards of PADI, CMAS, TDI, SSI and other federations. Clients acknowledge that they must meet the conditions set out in the standards in order to enter a course. No refund will be made if the client does not comply with the rules defined by their instructor. Certified divers : Clients must have at least a Padi Open Water, CMAS one star or equivalent certification to take part in diving activities. Clients acknowledge that they must stop diving at least 18 hours before flying. The dive team may refuse to allow participants to dive if they do not have a minimum Padi Open Water, CMAS One Star or equivalent certification and must present their certification card, logbook and medical certificate. The diving programmer within the diving holidays at La Carte is not fixed and can be changed if the change is made before 17:00, the day before the trip. If the client registered for a dive trip is not present at the departure of the boat during the dive trips, no refund will be possible Cruises: Clients agree to respect the safety rules given by the Tour leader of the boat or dive director. Clients may be forbidden to dive if they do not respect the safety rules given by the Tour leader of the boat or the dive director. The dive team reserves the right to change the itinerary or the choice of dive sites according to the weather conditions, or if the technical or physical level of the clients is not adapted to the conditions. Clients agree not to hold Water of Asia Co Ltd. – Odasia is not responsible for the number of dives made or program changes. No refund will be possible if clients do not respect the safety rules given by the Tour leader of the boat or dive director or if clients do not have a minimum Padi open water, CMAS one star or equivalent certification to be presented at embarkation.

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