Booking Terms & Conditions

We strongly recommend that you read and understand the terms and conditions prior to booking a cruise with Adventure HQ Pty Limited trading as Whale Watch Experience.

1. Booking contract

All bookings are made with Adventure HQ Pty Limited trading Whale Watch Experience (ABN 50 130 021 082) (“WWE”)). By booking a cruise with WWE you are deemed to have agreed to the booking terms and conditions (which constitutes the entire agreement between you and WWE) and your booking will be accepted by WWE on this basis.

The person making a family or group booking acknowledges that they have the authority to act on behalf of each and every member of the group and will be deemed fully responsible for the behaviour of all passengers within their family or group.

2. Validity

Cruise dates and times are valid from 1 June 2018 to 31 March 2019.

3. Booking and payments

Each cruise is subject to maximum passenger numbers with places allocated on a “first booked, first in” basis. It is essential that you choose your cruise date and time correctly as cruises, particularly during holiday periods, are in high demand.

Payment is required in full at the time of making your booking. A contract will exist between you and WWE from the date the booking is made either by telephone or online. If in the case of a telephone booking, payment by credit card is declined, WWE reserves the right to treat your booking as cancelled.

4. No Refunds

Due to the limited number of passengers permitted on each cruise, all bookings and payments are non-refundable as any cancellation is likely to cause a loss to WWE.

a) If you cancel your booking prior to the cruise, there will be no refund.

b) If you fail to join a cruise, there will be no refund.

c) In the event that WWE cancels a cruise for whatever reason, passengers will be offered:

i. to transfer their booking to a future cruise within the same whale watching season, or

ii. a gift certificate for the current whale watching season and for the equivalent value of the

cancelled booking, or

iii. a refund of the amount of the booking.

The passengers must decide to seek a refund and notify WWE on the day of the original cruise

in order that WWE may process the refund in a timely manner.

Should the passenger accept either option c) i. or c) ii. , the new arrangement will be subject to the terms of the original booking.

That is, if the passenger cancels or fails to join the future cruise under c) i. or fails to use the gift certificate under c) ii, there will be no refund.

5. Prices & surcharges

WWE cruise prices vary based on the passenger type (for example, adult or pensioner or child) or group booking.

The most up to date pricing is available on the WWE website, www.whalewatchexperience.com.au.

6. Your details

In order for WWE to accept your booking you must provide all requested details at the time of making your booking. Necessary details include but are not limited to full name, mobile telephone number, credit card details (if making the booking by telephone) and any pre-existing medical conditions you have which may affect you during a cruise.

7. Cancellation by WWE

WWE may cancel a trip at any time at its discretion, including if weather or sea conditions are unfavourable, or it is considered in the best interest of passengers.

If WWE cancels your cruise, you may transfer your booking to an alternate date and cruise, receive a gift voucher equivalent to the value of the original booking or alternatively receive a full refund.

Please refer to condition 4. for refund conditions.

8. Booking amendments

If you wish to transfer from one cruise to another, WWE will try to arrange the transfer on a “best endeavours” basis, subject to the amount of notice given (no less than 24 hours before your booked cruise), cruise availability, or passenger space.

9. Age & Health requirements

For the majority of our cruises WWE has no lower or upper age limit though WWE reminds that passengers must ensure that they are suitably fit to allow full participation. All travellers under the age of 16 must be accompanied by a legal guardian.

Parents are responsible for the wellbeing, care and behaviour of their children during the duration of the cruise.

10. Authority on cruise

WWE cruises are run under the authority of a qualified Captain. The decision of the Captain is final on all matters likely to affect the safety or wellbeing of any traveller or staff member participating on the cruise. If any passenger fails to comply with a decision made by the Captain, or interfere with the wellbeing of other passengers, or should a passenger fall seriously ill, the Captain may decide to cancel the cruise and return to the marina. If the situation warrants the Captain will contact the appropriate authorities to meet the boat on its return.

11. Acceptance of risk

You acknowledge that the nature of the cruise is adventurous, and participation involves a degree of personal risk. You will be cruising on the open ocean, albeit relatively close to the shoreline, and this may present dangers and physical challenges greater than those present in our daily lives. WWE use information from government and commercial weather forecasts and reports from our own contacts in assessing whether a cruise should operate. However, it is also your own responsibility to ensure you and if applicable, your group, are capable of cruising on the ocean. You acknowledge that your decision to travel is made in light of consideration of this information and you accept that you are aware of the personal risks attendant upon such activity.

12. Limitation of liability

To the fullest extent permitted by law:

– any liability for any loss, death, injury or damage which you may suffer (directly or indirectly) in connection with or arising out of your participation on a cruise, including personal items such as, but not limited to wallets, bags, cameras, videos, jewellery and money, or any breach of the Booking Terms and Conditions, is excluded;

– you release WWE and our officers, employees, agents and representatives from any liability and expressly waive any claims you may have against WWE arising out of or in connection with your participation on a cruise; and

– any condition or warranty which would otherwise be implied by law into these Booking Terms Conditions (“Implied Warranty”), is excluded.

To the extent an Implied Warranty cannot be excluded, our liability in respect of the Implied Warranty is limited to (in our absolute discretion): (i) the provision of a similar cruise to an equivalent value; or (ii) a refund of the total amount received by WWE from you in connection with your booking.

Any claim by you is excluded to the extent that it is for indirect or consequential loss, loss of profits or economic loss, however it arises, or for indirect, special, punitive or exemplary damages.

13. Snorkelling

Passengers engaged in open ocean snorkelling or swimming activities from the boat acknowledge:

1. that any act involving the ocean involves risk,
2. they assume responsibility for their own personal safety and will at all times, act in accordance with any instruction given by WWE management, the Captain and the crew.

14. Claims & complaints

If you have a complaint about your cruise please inform the Captain or WWE at the time in order that they can attempt to rectify the matter. If satisfaction is not reached through these means then any further complaint should be put in writing to WWE within 30 days of the end of the cruise.

15. Severability

In the event that any term or condition contained in these Booking Terms and Conditions is unenforceable or void by operation of law or as being against public policy or for any other reason then, such term or condition shall be deemed to be severed from this contract or amended accordingly only to such extent necessary to allow all remaining terms and conditions to survive and continue as binding.

16. Photos and marketing

You consent to WWE using images of you taken during the trip for advertising and promotional purposes in any medium WWE may choose. You grant us a perpetual, royalty-free, worldwide, irrevocable licence to use such images for publicity and promotional purposes.

17. Privacy policy

Any personal information that WWE collects about you will be treated confidentially however may be used for any purpose associated with the operation of a cruise or to send you marketing material in relation to our events and special offers. The information may be disclosed to our agents, service providers or other suppliers to enable us to operate the Cruise or where your booking has been made through a third party.

18. Applicable law

The laws of New South Wales, Australia govern these Booking Terms and Conditions to the fullest extent allowable. Any disputes in connection with a trip or these Booking Terms and Conditions must be initiated in the courts of New South Wales, Australia

19. Adventure HQ Pty Limited trading as Whale Watch Experience contact details:

PO Box 4505, Coffs Harbour NSW 2450

info@whalewatchexperience.com.au

Version revised 21 July 2018