Booking Policy
DEFINITIONS
Tour – Any day trip or journey purchased by direct booking or through an agent on board any vessel owned or supplied by 3 Islands Whale Shark Dive.
3 Islands – 3 Islands Whale Shark Dive / 3 Islands Marine Charters / Three Islands Whale Shark Dive.
Passenger / Agent – the passenger on board the vessel or, the person/s responsible for the final payment of the tour acting on behalf of the passenger. Example; Booking Agent.
Vessel Master – An employee or representative of 3 Islands employed as the person in control of the vessel for any charter, identified to all passengers during the induction to all on board.
Crew - An employee or representative of 3 Islands employed as deck crew / guide for any charter, identified to all passengers during the induction to all on board.
Family – Two adults and two children 17 years or under.
CHARTER TERMS
Charter Confirmation
Any tour booked directly with Three Islands Whale Shark Dive or through an authorised booking agent will only be confirmed once the required deposit has been received in accordance with the Payment and Booking Terms.
At the time of booking, the details of the person responsible for final payment must be provided. This person will be considered responsible for all outstanding payments and booking obligations.
Charter bookings are subject to these Charter Terms as well as the applicable Cancellation Policy. Three Islands Whale Shark Dive reserves the right to modify, delay, reschedule or cancel a charter where reasonably required for safety or operational reasons, including weather, vessel requirements, government directions or other circumstances outside our reasonable control.
Privacy
Personal information collected by Three Islands Whale Shark Dive, including contact details, will only be used for operational and communication purposes and will not be disclosed to third parties without permission, unless required by law or requested by authorised government or law enforcement agencies.
Passenger Behaviour and Removal from Vessel
Three Islands Whale Shark Dive reserves the right to terminate a tour without compensation where any passenger:
- Consumes alcohol contrary to crew instructions;
- Behaves in an unsafe, threatening, abusive or antisocial manner towards passengers, crew or members of the public;
- Acts in a way that may endanger themselves, others, the vessel or equipment;
- Damages or attempts to damage the vessel, facilities or equipment;
- Fails to follow crew instructions, safety procedures or vessel rules;
- Is suspected of being under the influence of illicit substances or misusing prescription medication;
- Fails to comply with these Terms and Conditions.
The Vessel Master has sole discretion regarding any action taken, including removing passengers from the vessel. The location of disembarkation may not be the original departure point and will be determined by the Vessel Master based on safety and operational requirements.
Please note: If a guest is removed from the tour due to failing to comply with these Terms and Conditions, they will be responsible for arranging and covering their own transport from the designated drop-off point to their accommodation.
Photography and Media
By participating in a tour, guests acknowledge that photographs, videos and other media may be captured by Three Islands Whale Shark Dive or authorised third parties.
Guests grant Three Islands Whale Shark Dive permission to use, reproduce, edit and publish this media for promotional and marketing purposes, including social media, websites, brochures and advertising.
Guests who do not wish to be photographed or filmed must advise the tour guide or crew prior to departure.
Guests are responsible for making reasonable efforts to position themselves appropriately for photographs.
Photographs of guests with Whale Sharks are not guaranteed and depend on factors including swimming ability, guest positioning, animal behaviour and water conditions. Photographers will make reasonable efforts to capture photographs but cannot guarantee a photograph of every guest with a Whale Shark.
Damage, Loss and Personal Belongings
Passengers are responsible for any loss or damage caused to the vessel, fixtures, equipment or facilities through deliberate, negligent or reckless actions.
Three Islands Whale Shark Dive reserves the right to seek reimbursement for any such damage or loss.
Three Islands Whale Shark Dive accepts no responsibility for loss, theft or damage of personal belongings brought onboard. Guests are responsible for their own possessions at all times.
Safety Induction and Vessel Authority
Before departure, the Vessel Master or crew will provide a safety induction covering vessel procedures, rules and emergency processes.
All passengers must listen carefully, follow crew instructions and ask questions if they are unsure of any safety requirements.
The Vessel Master has absolute authority over the vessel, crew, passengers and all Three Islands Whale Shark Dive equipment, including tenders, sporting equipment and catering equipment.
The Vessel Master may alter the route, destination, schedule or activities of any tour where reasonably required for the safety and welfare of the vessel, crew, passengers or the marine environment.
Code of Conduct
As a member of Marine Tourism WA, Three Islands Whale Shark Dive operates in accordance with the applicable Marine Tourism WA Code of Conduct.
Alcohol Containers and Eskies
Three Islands Whale Shark Dive reserves the right to inspect any drink containers or eskies brought onboard prior to departure and may refuse any items or containers that are considered unsuitable for carriage on the vessel.
TERMS OF PAYMENT
- A 20% deposit is required to confirm and secure your booking. Receipt of the deposit constitutes acceptance of these Terms and Conditions by the person making the booking on behalf of all guests included in the reservation.
- A 50% deposit is required to confirm and secure a private charter booking. Receipt of the deposit constitutes acceptance of these Terms and Conditions by the person making the booking on behalf of all guests included in the reservation.
- Full payment is required 14 days prior to departure for bookings of 1–8 guests.
- Full payment is required 21 days prior to departure for bookings of 9 or more guests, unless otherwise agreed in writing.
- Full payment is required 30 days prior to departure for private charter bookings.
- Bookings made within the applicable payment period require full payment at the time of booking.
- Tour prices are confirmed at the time of booking. Promotional offers or discounts cannot be applied retrospectively once payment has been processed.
- Bookings are subject to availability, weather, operational requirements, marine park access and minimum passenger numbers.
- Bookings are not transferable without the prior written approval of Three Islands Whale Shark Dive.
- All prices are quoted in Australian Dollars (AUD) and include GST, unless otherwise stated.
- Payment may be made by credit card, electronic funds transfer (EFT), or any other payment method approved by Three Islands Whale Shark Dive.
- Credit card processing fees and third-party merchant charges already incurred by Three Islands Whale Shark Dive are non-refundable.
DISCOUNTS
From time to time, promotional discounts or special offers may be offered.
Any valid discount or promotional offer must be applied at the time of booking. Discounts cannot be applied retrospectively after a booking has been confirmed, payment has been processed, or after the tour has taken place.
IF YOU CANCEL YOUR BOOKING
All guest cancellations must be submitted in writing via email.
Cancellation fees apply as outlined below. These fees reflect reserved tour capacity, staffing commitments, vessel scheduling, catering, permits, administration costs and the limited ability to refill cancelled spaces at short notice.
Administration and Processing Fees
The following administration and processing fees apply based on the number of guests included in the booking:
- 1–3 guests: $60 administration and processing fee per booking.
- 4–9 guests (including 'family tickets'): $100 administration and processing fee per booking.
- 10–20 guests (including private charter bookings): $300 administration and processing fee per booking.
These fees apply in addition to any applicable cancellation charges outlined below.
Groups of 1–9 Guests
- More than 7 days before tour departure: The applicable administration and processing fee will be retained, and the remaining balance will be refunded.
- 7 days to 72 hours before tour departure: 50% of the total booking value will be retained, plus the applicable administration and processing fee, unless cancelled spaces can be successfully resold.
- Within 72 hours of tour departure or a no-show: Up to 100% of the total booking value may be retained, plus the applicable administration and processing fee, unless cancelled spaces can be successfully resold.
Subject to availability, date changes may be requested up to 14 days prior to tour departure.
Groups of 10 or More Guests
Due to the additional planning and operational requirements associated with larger bookings:
- More than 14 full days before tour departure: The applicable administration and processing fee will be retained, and the remaining balance will be refunded.
- 14 days to 5 days before tour departure: 50% of the total booking value will be retained, plus the applicable administration and processing fee.
- Within 5 days of tour departure: Up to 100% of the total booking value may be retained, plus the applicable administration and processing fee.
Subject to availability, date changes may be requested up to 14 days prior to tour departure.
Private Charters
Private charters require advance vessel allocation, crew planning and operational preparation.
- More than 30 full days before tour departure: The applicable administration and processing fee will be retained, and the remaining balance will be refunded.
- 30 days to 14 days before tour departure: 50% of the total charter value will be retained, plus the applicable administration and processing fee.
- Within 14 days of tour departure: Up to 100% of the total charter value may be retained, plus the applicable administration and processing fee.
Subject to availability, date changes may be requested up to 30 days prior to tour departure.
IF WE CANCEL OR CHANGE A TOUR
Three Islands Whale Shark Dive reserve the right to cancel, delay, shorten, substitute or reschedule a tour where reasonably necessary for safety or operational reasons, including but not limited to:
- Unsafe weather or sea conditions
- Mechanical or vessel issues
- Crew illness or unavailability
- Port, boat ramp or marine access restrictions
- Government directions or regulatory requirements
- Natural disasters or severe environmental events
- Public safety concerns
- Minimum passenger numbers not being met
Where a tour is cancelled or significantly changed by Three Islands Whale Shark Dive, we will offer one of the following remedies where appropriate:
- Reschedule to another available date;
- Provide a credit for future travel; or
- Provide a refund of amounts paid for the service where required under Australian Consumer Law.
A full refund will be provided for tours cancelled by Three Islands Whale Shark Dive due to unsafe weather conditions, minimum passenger numbers not being met, or mechanical failure.
Three Islands Whale Shark Dive reserves the right to cancel any tour where minimum passenger numbers are not obtained to operate the tour safely and viably. In this circumstance, guests will be offered either a full refund or an alternative available date.
Three Islands Whale Shark Dive is not responsible for any additional expenses incurred by guests.
'WHALE SHARK INTERACTION TOUR' NO SIGHTING POLICY
Whale Sharks and all of the other animals that inhabit Ningaloo Reef are completely wild and are not trained, encouraged or coerced in any way to interact with passengers or crew.
They can at times be unpredictable and the location and/or duration of time taken to locate them cannot be guaranteed or predicted by 3 Islands crew or management. Some animals are seasonal and we do not guarantee that passengers will see all or in rare cases any of the more sought-after animals found on the reef. Example: Humpback Whales, Dugongs, Turtles.
On the rare occasion that we do have a no sighting of a whale shark, we do have a No Sighting Policy with options to suit most circumstances.
One of the following options may be chosen by passengers who have paid as snorkelers. Observers are not entitled to the No Sighting Policy.
- A free repeat tour on the next available day which may or may not be the following day.
- A free, non-transferable, repeat voucher valid for 2 years from the date of the No Sighting.
- A $100 refund per person*
- *Refunds paid will be either credited to the credit card used to pay for the booking or to a nominated bank account. No cash refunds will be paid.
Passengers who make bookings through agents who opt for this option will have to wait until the tour has been paid in full to us by the booking agent before the partial refund can be processed.
A No Sighting is determined by the company or its representatives.
Guests who on the day decide to not enter the water for whatever reason and therefore do not see a whale shark, are not entitled to the No Sighting Policy including the free repeat tour or the refund option.
Guests who enter the water and claim they did not see the shark, while other guests in the group did, will not be entitled to the No Sighting Policy including the free repeat tour or the refund option.
In the case of a second no-sighting, i.e. guests who had a no-sighting on their first trip and elected to take another free tour rather than a refund, will not be eligible for any further refunds or tours. There are no further conditions on the free repeat tour.
All of the terms and conditions are set by the management of 3 Islands Whale Shark Dive. Any variations or exemptions from some or all of the conditions will only be accepted on written advice from the management of 3 Islands.
Terms and conditions will always be provided to the passenger or person responsible and are available for reading on board any vessel at all times. Confirmation of a proposed tour and receipt of a deposit will be considered as acceptance and acknowledgement of these terms and conditions in their entirety and will be expected as terms of trade in lieu of another written agreement approved by the management of 3 Islands.
'WHALE SHARK AND NINGALOO REEF TOUR' NO SIGHTING POLICY
Whale Sharks and all of the other animals that inhabit Ningaloo Reef are completely wild and are not trained, encouraged or coerced in any way to interact with passengers or crew.
They can at times be unpredictable and the location and/or duration of time taken to locate them cannot be guaranteed or predicted by 3 Islands crew or management. Some animals are seasonal and we do not guarantee that passengers will see all or in rare cases any of the more sought-after animals found on the reef. Example: Humpback Whales, Dugongs, Turtles.
While we will do everything we can to ensure a Whale Shark interaction, we cannot guarantee that you will get to swim with these truly amazing animals. Unfortunately, there are no free repeat tours, refunds or guarantees that will be available.
In the event we are unsuccessful with an in-water interaction, we can offer a seocnd trip at 50% off between September and mid-October of the same season.
NATURE OF MARINE TOURS
Our tours operate in a remote marine environment where weather, sea state, wildlife movement, safety requirements, vessel operations, and government directives may affect schedules or tour delivery.
Wildlife sightings cannot be guaranteed unless specifically stated under an applicable no-sighting policy for that tour.
NATURAL DISASTERS & FORCE MAJEURE EVENTS
Events beyond our reasonable control may affect, delay or prevent tour operations. These events may include, but are not limited to:
- Cyclones
- Flooding
- Bushfires
- Earthquakes
- Pandemics or health emergencies
- Government closures or travel restrictions
- Port closures or infrastructure damage
- Marine Park closures
- Other severe natural disasters or emergency events
Where a Force Majeure Event prevents or significantly impacts tour operations, a $60 administration and processing fee will apply per booking for cancellations. (Three Islands Whale Shark Dive strongly urges travel insurance is purchased and that guests are aware of the time of year they are planning to visit)
Where reasonably possible, Three Islands Whale Shark Dive will work with guests in good faith to offer either:
- A rebooking to another available date; or
- A travel credit valid for three (3) years from the original tour date.
THIRD-PARTY BOOKINGS
If you have booked your tour through a travel agent, reseller, online travel agency or other third-party booking provider, their booking, cancellation and refund terms may also apply.
Any requests for cancellations, amendments, refunds or changes must be directed to the original booking provider, who will manage the request in accordance with their applicable policies and procedures.
Three Islands Whale Shark Dive is not responsible for any fees, delays or processing times imposed by third-party booking providers.
TRAVEL INSURANCE
We strongly recommend that all guests obtain comprehensive travel insurance to protect against unforeseen circumstances, including cancellation, medical events, weather disruptions, travel delays and other unexpected changes.
Three Islands Whale Shark Dive is not responsible for costs incurred by guests outside of the tour price, including accommodation, transport, flights or other travel arrangements affected by cancellations, delays or changes.
AUSTRALIAN CONSUMER LAW
Nothing in these Terms and Conditions excludes, restricts, or modifies any rights or remedies you may have under the Australian Consumer Law.
GIFT VOUCHERS
Gift Vouchers can be purchased for Peak Season Whale Shark Tours, Humpback Whale Snorkel Tours, or Off-Peak Whale Shark & Ningaloo Reef Tours.
Gift Vouchers can be issued for a specific tour date or left without a nominated date. Undated vouchers can be redeemed during the applicable tour season and are subject to availability.
Gift Vouchers must be paid in full at the time of purchase. If tour pricing has changed at the time of redemption, any difference in cost must be paid by the voucher holder prior to departure.
To purchase a Gift Voucher, please contact our office team on 08 9949 1994, email info@whalesharkdive.com, or purchase online through our merchandise shop.
Terms and Conditions:
- Gift Vouchers are non-refundable and cannot be exchanged for cash.
- Gift Vouchers are valid for three (3) years from the date of purchase.
- Gift Vouchers are subject to availability and do not guarantee a tour date until a booking has been confirmed.
Gift vouchers and repeat tour vouchers are non-transferable and may only be redeemed by the original recipient or eligible guest.
COMMUNICATIONS
By booking a tour, making an enquiry, or providing your contact details to Three Islands Whale Shark Dive, you agree that we may contact you with relevant updates and information about our experiences.
This may include seasonal updates, tour announcements, promotions, early-bird offers, and information about other Ningaloo Reef experiences, such as our Humpback Whale Tours.
Where applicable under Australian privacy and spam laws, we may rely on your existing relationship with us as inferred consent to send these communications. We respect your privacy and want to ensure our communications remain relevant and useful.
Our commitment to you:
- Easy opt-out: Every marketing email includes an “Unsubscribe” link, allowing you to stop receiving communications at any time.
- Relevant updates: We aim to send seasonal and meaningful updates rather than frequent or unnecessary emails.
- Privacy: We do not sell or share your personal information with third-party marketers. Your information is handled in accordance with our Privacy Policy.
You can withdraw your consent at any time by clicking the unsubscribe link in any marketing email or by contacting us at info@whalesharkdive.com.