Terms & Conditions

Did you know?

The scientific or Latin name of Whale Sharks is Rhincodon typus

Terms and Conditions

These Terms and Conditions over-ride any and all other Terms and Conditions previously provided to you.  Please read them carefully.  By receiving this email, and not responding to specific terms or conditions of concern before your tour departure date, you are indicating you are agreeing to the following Terms and Conditions under which we operate.  

We have tried to keep these very simple and straightforward but if we can clarify what any of them means, or why it is necessary, please don’t hesitate to contact us. 

Payment Terms

We prefer payment in full to minimise the chances of any complications arising with not receiving payment in full before the start of a tour.  When customers book over the phone, our office staff can arrange to take a 20% non-refundable deposit at the time of making a booking as an alternative.  Balance of payment on these bookings is required seven days prior to the tour departing, at which time this payment will be automatically charged to the customer's credit card.  If this payment is declined, we will make at least two separate attempts to contact the customer via the mobile phone and email address they provided when making the booking to secure the balance owing.  However, if we have been unable to secure the agreed payment in full 72 hours before tour departure, the customer will forfeit their deposit on the unpaid tickets, and we will then attempt to sell these tickets in the limited time available to us before the tour departs.  (This is unfortunate, but we simply can't afford to go out with empty spaces that customers have reserved but not paid for that we could have sold to other customers.)

Rescheduling and Cancellations :  You Cancelling or Rescheduling

You can reschedule your tour at any time up to 72 hours before your tour departs.  Cancellations of your tour more than 2 weeks before departure date incur a 20% cancellation fee.  Cancellations between 3 and 14 days before the date of departure of your tour will incur a 50% cancellation fee.  There are no refunds or make-up tours if you cancel your tour less than 72 hours before departure, or fail to join your tour at the agreed location at the specified time.

Cancellations : Us Cancelling or Rescheduling

Cancelling tours is something we do everything we can NOT to do.  However, occasionally due to safety concerns, weather conditions, factors beyond our control, mechanical breakdowns, or minimum passenger numbers required for a tour to depart not being reached, we do have to cancel or reschedule a tour.

When this occurs, we commit to doing everything we can to minimise the impact of this on you, including rescheduling you onto our next available tour, placing you on another whale shark tour at our cost, or any other practical solution we can come up with.  In the rare instances where this is not possible before you leave town, we will refund the cost of your ticket in full, or give you a whale shark tour voucher valid for the next three years for you to use when you are next in town.  

However, by booking with us you are agreeing that Ningaloo Whaleshark Swim will not be held liable for any costs incurred by you relating to your holiday in general, that do not specifically relate to the day your tour was scheduled for, if we have to cancel a tour, including any and all costs incurred by you in travelling to and from Exmouth, and any and all accommodation and meal expenses whilst in Exmouth.

Refunds

Ningaloo Whale shark Swim has a Responsible Refunds Policy.  Whilst not contradicting any other Terms and Conditions, this basically involves us taking full responsibility for any and all actions that we have taken or failed to take that has negatively impacted on our customers. We will offer a refund that is consistent with our actions, and representing the proportion of a tour completed when any such incidents occurred.

Under this policy, we also require our guests to each take full responsibility for any and all of their actions that are outside of our control or influence that resulted in them having a less than ideal outcome for their tour with us.  Tour refunds are based on the price actually paid by the customer, not based on the usual price of our whale shark tours.

Fully informing us of any and all medical conditions of relevance 

All passengers are required to fully disclose and communicate to us any and all medical or physiological conditions or history that may impact on their ability to participate fully in a whale shark cruise, snorkelling or diving, in a normal manner and safe manner. 

Weather conditions and extraordinary issues

Weather conditions will make the conditions of a number of whale shark tours each season less than ideal.  Whilst this is outside of our control, we will do everything we can to ensure our passengers enjoy their tour regardless, and to minimise the impact of the weather conditions on our guests.  However, we cannot be held responsible nor liable for less than ideal weather conditions during a tour.

Similarly, it may become necessary to alter, reschedule, or change aspects of our tour because of weather or other extraordinary issues.  In this instance, we will again do everything we can to ensure our passengers have the best possibly time they can whilst on our tour.  However, we cannot be held responsible for such events, and accept no liability for the impact of such changes or associated issues on passengers.

No Guarantees as to Wildlife Possible

Ningaloo Whale shark Swim makes no attempt to guarantee that customers will swim with whale sharks or see any particular marine or terrestrial life whilst on one of our tours.  We do guarantee however that we will do everything we realistically can to make these things happen, and to do things as well as we can so you enjoy your experiences as much as possible.

Ningaloo Whale shark Swim’s Liability

Except to the extent required by law, Ningaloo Whale shark Swim and its agents, employees and associated companies take no liability in the event of damage, personal loss, injury or sea-sickness of passengers.  We will however do everything we can that is reasonably possible to assist in every situation that is brought to our attention.

Passenger liability for carelessness leading to loss of equipment

Ningaloo Whaleshark Swim will require customers to pay for any lost or damaged gear only in a situation where the customer’s own carelessness or choices caused this outcome.  

Photos and videos may be used for marketing purposes

Customers agree that all photos and videos taken by Ningaloo Whaleshark Swim's onboard photographer and videographer may be used for marketing purposes by the business without the need for approval from the company.

Customer reviews and feedback

Ningaloo Whaleshark Swim encourages all guests to provide feedback on how it can improve on what it does.  (We love compliments too!)  The company is committed to doing the right thing at all times, which includes making good on any mistakes it makes or negative impacts it has on any of its customers or other important stakeholders.   However, because of the significant risks to its brand and reputation, Ningaloo Whaleshark Swim requires each and every guest boarding one of its vehicles or vessels to commit to first raising any and all complaints about any aspect of our operations with the company's management, so we have the opportunity to make good and address any issues arising, before placing negative reviews or comments about the company on social media sites, or in the public domain.  

Guests failing to first raise issues about Ningaloo Whaleshark Swim's operations with the company prior to placing them on social media sites or into the public domain expressly grant Ningaloo Whaleshark Swim the right to contact each and any of these organisations without any need to notify the guest that it is doing so, and have these comments taken down on the guest's behalf.  Ningaloo Whaleshark Swim then commits to contacting the guest to work through the issues raised and addressing any and all issues of concern, at which time the guest has the option of reposting their comments if they so choose.

Dives and Try Dives not guaranteed

Should no whale sharks be spotted before the afternoon snorkel and dive commences, or in inclement weather conditions, Ningaloo Whaleshark Swim reserves the right to cancel all free dives or Try-dives scheduled for that tour without paying the customers any form of compensation for this. (Paid dives or try-dives will be refunded in full.) This is necessary to allow the vessel to fulfil the primary purpose of the tour, and continue to search for whale sharks during this afternoon period and / or to operate safely at all times.

Credit card fees and transactions

Customers acknowledge and agree to Ningaloo Whaleshark Swim adding a 1.5% credit card fee to cover the additional costs incurred by the company in taking this sort of payment from customers.  Alternatively, directions to nearby ATM machines are available, and the company accepts cash payments and direct deposits straight into its bank account.