Terms of Service

1. Acceptance of Terms

By accessing and using the services of GlowingSail ("Company," "we," "our," or "us"), you ("Customer," "you," or "your") agree to be bound by these Terms of Service. If you do not agree to these terms, please do not use our services.

2. Description of Services

GlowingSail provides scuba diving instruction, certification courses, and related services in Sipadan, Malaysia. Our services include but are not limited to:

• PADI scuba diving certification courses
• Private diving instruction
• Equipment rental and sales
• Guided diving experiences
• Marine education programs

3. Booking and Payment

3.1 Reservations

All bookings must be confirmed with a deposit. Full payment is required before course commencement unless otherwise agreed in writing.

3.2 Pricing

All prices are listed in Malaysian Ringgit (RM) and are subject to change without notice. Additional fees may apply for equipment, materials, or special requests.

3.3 Payment Methods

We accept cash, major credit cards, and bank transfers. Payment processing fees may apply for credit card transactions.

4. Cancellation and Refund Policy

4.1 Customer Cancellations

• 48+ hours notice: Full refund minus processing fees
• 24-48 hours notice: 50% refund
• Less than 24 hours: No refund

4.2 Company Cancellations

We reserve the right to cancel services due to weather, safety concerns, or insufficient enrollment. In such cases, full refunds or rescheduling will be offered.

4.3 No-Shows

Failure to appear for scheduled services without notice will result in forfeiture of all fees.

5. Health and Safety Requirements

5.1 Medical Fitness

All participants must complete a PADI Medical Statement. Some medical conditions require physician clearance before participation.

5.2 Age Requirements

• Bubblemaker: 8 years minimum
• Junior Open Water: 10 years minimum
• Open Water Diver: 12 years minimum
• Parental consent required for minors

5.3 Swimming Requirements

Participants must demonstrate basic swimming ability (200-meter swim) and treading water (10 minutes) before open water training.

6. Participant Responsibilities

As a participant in our diving programs, you agree to:

• Provide accurate medical and personal information
• Follow all safety instructions and guidelines
• Use equipment properly and report any defects immediately
• Respect marine life and the underwater environment
• Arrive on time and prepared for all sessions
• Maintain appropriate behavior and attitude

7. Assumption of Risk and Liability

7.1 Inherent Risks

Scuba diving involves inherent risks including but not limited to:

• Decompression sickness
• Nitrogen narcosis
• Equipment malfunction
• Marine life encounters
• Environmental hazards
• Drowning

7.2 Assumption of Risk

By participating in our services, you voluntarily assume all risks associated with scuba diving activities.

7.3 Limitation of Liability

To the maximum extent permitted by law, GlowingSail's liability is limited to the amount paid for services. We are not liable for consequential, incidental, or punitive damages.

8. Insurance and Emergency Procedures

8.1 Insurance Coverage

We maintain professional liability insurance. Participants are strongly encouraged to obtain personal dive insurance and travel insurance.

8.2 Emergency Procedures

We maintain emergency action plans and have established relationships with local medical facilities and emergency services.

9. Equipment and Materials

9.1 Equipment Provision

We provide well-maintained, regularly serviced diving equipment. Participants are responsible for proper use and reporting any issues.

9.2 Personal Equipment

Participants may use personal equipment if it meets safety standards and is properly maintained.

9.3 Damage and Loss

Participants are responsible for damage to or loss of equipment due to negligence or misuse.

10. Certification and Standards

10.1 PADI Standards

All courses are conducted according to PADI standards and requirements. Certification is contingent upon meeting all performance requirements.

10.2 Certification Transfers

We accept transfers from other PADI dive centers with proper documentation and skill demonstration.

11. Conduct and Behavior

We reserve the right to remove participants who:

• Violate safety rules or instructions
• Behave inappropriately or disruptively
• Are under the influence of alcohol or drugs
• Damage equipment or facilities
• Harass other participants or staff

12. Intellectual Property

All course materials, videos, and educational content are protected by copyright. Unauthorized reproduction or distribution is prohibited.

13. Photography and Media

We may photograph or video participants for promotional purposes. By participating, you consent to such use unless you explicitly opt out in writing.

14. Force Majeure

We are not liable for delays or cancellations due to circumstances beyond our control, including weather, natural disasters, government actions, or other force majeure events.

15. Privacy and Data Protection

Your personal information is handled according to our Privacy Policy. We share certification data with PADI as required for official record-keeping.

16. Modifications to Terms

We reserve the right to modify these terms at any time. Changes will be posted on our website and effective immediately unless otherwise specified.

17. Severability

If any provision of these terms is found unenforceable, the remaining provisions will continue in full force and effect.

18. Governing Law and Jurisdiction

These terms are governed by Malaysian law. Any disputes will be resolved in the courts of Malaysia, specifically in Sabah state jurisdiction.

19. Contact Information

For questions about these Terms of Service, please contact us:

20. Acknowledgment

By booking our services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.