BOOKING TERMS & CONDITIONS

WHALES UNDERWATER BOOKING TERMS & CONDITIONS

Costs

Travel costs are based on ground costs, fuel prices, ship charter rates etc. While we will do our best not to increase any prices after you have made your booking, this is sometimes outside our control. We reserve the right to amend our pricing. Amendments should occur only in the event of significant surface increases and/or marked fluctuations in the exchange rate upon which the land content is based or large fluctuations in fuel costs. Any increase in price must be paid by you before your departure.

Responsibility: This is very important. Please read carefully

Whales Underwater reserve the right to alter or modify arrangements for any reason, and in any way necessary in the interest of our clients or due to circumstances beyond our control. This may mean changing the date of departure or the conclusion of the tour, the scheduled point of departure for the tour, by omitting or changing any scheduled stop on the tour or change the scheduled place of conclusion for the tour whether before or after the tour has departed, without prior notice to you. You will have no right to any refund and Whales Underwater will have no obligation to you or be liable for any loss, consequential damages, expenses, loss of time or enjoyment or inconvenience in respect of such changes. Whales Underwater reserves the right to cancel any tour prior to departure in which case any payment made by you will be refunded in full and you will not be entitled to make any further claim for compensation or damages, for any loss, consequential damage, expenses, loss of time or inconvenience which may result from such cancellation. If the nominated tour leader was not able to accompany the group, we reserve the right to substitute an alternative guide. For some tours minimum numbers may need to be met before the tour leader will be guaranteed to accompany the group or the tour may alternatively not operate without the required minimum numbers. If the group are still wanting to travel unaccompanied instead of cancelling, we would offer this chance if possible and a discount would be offered for this inconvenience of being unaccompanied in these unlikely circumstances.

Indemnity Waiver Acknowledgement

By  signature(s) (or clicked check box do approve) as set forth, I acknowledge and confirm : Except to the extent that this waiver may be prohibited or restricted by the Trade Practices Act 1974 or other legislation that may exist from time to time in Australia, I hereby release Whales Underwater, its employees and agents and any contracted service providers and licensors or licensees of it from all claims and actions that I/we have or may have at any time in the future against them or any of them, howsoever arising, for personal injury, death, property damage or any other loss, damage or expense that I/ we may suffer as a result of my/our participation in any trip organised with, or in conjunction with Whales Underwater. I am aware that adventure travel, in addition to the usual dangers and risks inherent, has certain additional dangers and risks, some of which may include: physical exertion for which I may not be prepared, weather extremes subject to sudden and unexpected change, remoteness from normal medical services, evacuation difficulties if I am disabled. I accept all the inherent risks of the proposed adventure tour and the possibility of personal injury, death, property damage or loss resulting there from. I acknowledge that the enjoyment and excitement of adventure travel is derived in part from the inherent risks incurred by travel and activity beyond the accepted safety of life at home or work, and that these inherent risks contribute to such enjoyment and excitement, being a reason for my participation. I agree that if I suffer injury or illness Whales Underwater can, at my cost, arrange medical treatment and emergency evacuation services, as Whales Underwater deems essential for my safety. In entering into this Agreement, I am not relying on any oral, written or visual representatives or statements by Whales Underwater or its staff or any other inducement or coercion to go on the adventure trip, hence, only of my own free will. I confirm that I am over the age of 18 years and that I have read and also understand the terms and conditions of contract and this Agreement prior to signing it and agree that this Agreement will be binding upon my heirs, next of kin, executors, governed in all respects by and interpreted in accordance with the law of New South Wales AUSTRALIA. If I am under 18 years, my legal guardian or parent will accompany me and assume all responsibility for signing this on my behalf.

Cancellations

Travel Insurance is essential for you to participate on our tours and should include cancellation insurance. If it becomes necessary to cancel your tour, we ask that you notify Whales Underwater in writing. Cancellation will take effect upon receipt by Whales Underwater of your written notice. Cancellations made before April in the year of your expedition’s departure (for Whales Underwater tours in Kingdom of Tonga) or 120 days prior for other tours (unless advised otherwise) are subject to a non-refundable deposit of $1,500AUD, however your deposit may be transferred towards a different expedition for a fee of $495AUD if notified before April (for Whales Underwater tours in Kingdom of Tonga) or 120 days prior to tour departure for other tours.

Deposit transfers are subject to availability and are only valid on expeditions that depart within the same year as intended travel for the same tour type.  You are permitted one transfer only. Funds will not be held in suspense and new booking must be advised at time of requested transfer. You must pay the difference between the original booked price and the price of any transferred booking including the new deposit amount. If cancellation takes place less than 120 days prior to departure or after April (for Whales Underwater tours in Kingdom of Tonga) of the year you are travelling, you will be required to pay the full cost of the expedition.

Delay or Change of Itinerary

Whales Underwater may for any reason change the date of departure or conclusion of the tour, the scheduled point of departure for the tour, omit or change any scheduled stop on the tour or change the scheduled place of conclusion for the tour whether before or after the tour has departed, without prior notice to you. You will have no right to any refund and Whales Underwater will have no obligation to you or be liable for any loss, consequential damages, expenses, loss of time or enjoyment or inconvenience in respect of such changes. Whales Underwater reserves the right to cancel any tour prior to departure in which case any payment made by you will be refunded in full and you will not be entitled to make any further claim for compensation or damages, for any loss, consequential damage, expenses, loss of time or inconvenience which may result from such cancellation.

Health, Fitness, Trip Grades and Age Limits

It is your responsibility to advise Whales Underwater of any pre-existing medical conditions and /or disability that might reasonably be expected to increase risk of you requiring medical attention, or that might affect the normal conduct of an expedition and the enjoyment of other tour members. Whales Underwater reserves the right, at its reasonable discretion, to cancel your booking and refund the money paid by you, less any unrecoverable costs. Whales Underwater also reserves the right to cancel your participation in an expedition at any time, including after the commencement of the trip, with no right of refund if your medical condition and/or disability could be reasonably expected to affect the normal conduct of the trip and the enjoyment of other expedition members. Any person under 18 years of age must travel with their legal guardian. Travelling when pregnant is not recommended for many adventure destinations in remote areas.

You will not be permitted to participate in many activities if you are found to be intoxicated and you may be instructed to leave the tour for safety reasons.

Mandatory Travel Insurance

Passengers travelling with Whales Underwater are required to be covered by a travel insurance policy that includes emergency evacuation coverage. We travel to many remote regions of the world and we recommend that the policy’s emergency evacuation benefit be higher than minimum and cover you for remote or Polar Evacuation should it be required. Please ask seek advice from your travel agent about travel insurance. You will also need to notify the insurer of any pre-existing medical conditions you have as your policy may not be valid if you have not clarified this with them.

Whales Underwater, and it’s employees are not responsible for the actions, defaults or negligence of any suppliers  i.e. accommodation, food and equipment providers etc it engages for the purposes of the tour, except where the loss or damage arises from the specific direction given by the Tour Operator to those providers. Travellers should direct all claims to those providers and be aware that they are bound by the conditions of travel or accommodation imposed by those providers and that these claims will be limited/restricted to the laws and requirements of the country that you are traveling to and you have sort advice from your travel agent for the appropriate insurance advice.

Finslap Pty Ltd as Trustee for the Lalo Tahi Trust ABN 73389739003 Trading as Whales Underwater