Terms & Conditions
3 ISLANDS WHALE SHARK DIVE
TERMS & CONDITIONS WHALE SHARK TOURS
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.
· Any tour booked direct or through a booking agent on board a 3 Islands vessel will only be confirmed after receipt by 3 Islands of a deposit as described in Payment and booking terms. At this time details of the person/s responsible for the final payment of the tour must be supplied to 3 Islands and they will be considered to be the person responsible
· Personal details including telephone numbers, email addresses and postal addresses will only be used by 3 Islands and will not be disseminated to any third party without the clear understanding or permission of the client. However 3 Islands will release personal information if required by law enforcement or other government agencies investigating alleged incidents as a result of any charter on board any 3 Islands Vessel.
· 3 Islands reserves the right to terminate any tour without compensation or consultation under the following circumstances:
o Any member of the crew observes alcohol consumption by any passengers
o Passengers behave in an antisocial or threatening manner toward any person on board the vessel, any crew member or any member of the public who has cause to be in contact with the passengers at any time prior to or during the tour.
o Passengers behave in a manner as assessed by any member of the crew which is deemed dangerous to themselves or any other person.
o Passengers behave in a manner likely to damage or risk damage to the vessel, facilities & equipment on board. Also if any member of the crew observes any intended passengers causing damage to any facilities at any of the public or private berthing facilities prior to the commencement of the tour that person may be denied access to the vessel.
o Passengers behave in any manner contrary to the instructions given by the crew during the induction at the commencement of the tour.
o Any member of the crew witnesses or suspects any passenger/s of the abuse of illicit or prescription medications.
o Any passenger fails to abide by the Terms and Conditions as printed and enforced by 3 Islands Management, crew or representative.
If any of the above situations occur the action taken will be at the discretion of the master of the vessel. Any of the above may result in some or all of the passengers being removed from the vessel. The location of disembarkation in any of these circumstances may not be the original planned point. It will be the nearest jetty to the vessel at the time of the occurrence.
· Any damage caused during any tour to the vessel, its fixtures, appliances or any other equipment on board by the passenger on board during their tour will be the responsibility of the passenger or person responsible and 3 Islands will seek restitution for those damages.
· The same applies to any loss of 3 Islands equipment if through deliberate acts intended to cause loss or damage to equipment.
· 3 Islands accepts no responsibility for the loss or damage of any personal belongings of any passenger whilst on board any vessel supplied by 3 Islands. Passengers must accept total responsibility for their own belongings.
· Prior to the departure of the vessel from the departure point the master or a member of the crew will deliver an induction which will relate to the rules of the vessel and the safety procedures in an emergency. This should take no longer than 10 minutes with the cooperation of passengers on board. If passengers interrupt or are not listening the crew will wait until they have passengers full attention to ensure everyone on board is aware of the safety requirements and rules of the vessel. If anyone is unsure of any of the procedures explained they should see the crew immediately after the conclusion of the induction.
· The person responsible and all passengers acknowledge that the Vessel Master has absolute authority over the vessel and any of the equipment belonging to 3 Islands including but not limited to tenders, sporting equipment and catering equipment for the entire duration of the tour. This authority extends to all passengers and crew.
· The person responsible and all passengers acknowledge that the Vessel Master may at any time alter the scheduled route, destination or conduct including activities of any tour if it is deemed necessary for any reason pertaining to the safety and welfare of the vessel, the crew, and any person on board.
· As a member of Marine Tourism WA, 3 Islands will adhere to the code of conduct as set out by MTWA for conduct of members.
· 3 Islands reserves the right to inspect the contents of any drink container and esky brought on board prior to the commencement of any tour and the right to refuse the bringing of the items contained within and the container or esky from the vessel.
TERMS OF PAYMENT
· No bookings will be taken or held as tentative without payment of a 20% deposit. Receipt of the deposit will be deemed as acceptance of the terms and conditions set out within.
· Full payment of the tour is required 5 days prior to the tour date.
· Any tour will only proceed once full payment has been received. The previous point applies to all tour unless other arrangements have been negotiated by 3 Islands management and the group organiser.
· All quoted prices are in Australian Dollars and include GST.
· Payment can be made by Cash, Electronic Funds Transfer, Credit Card or Cheques by prior arrangement with management.
· From time to time, promotions and discounts are offered. Please note, valid discounts will only be accepted at time of booking. If valid discounts are presented after time of booking or after the tour, the discount will not be applied.
· Up to 48hrs prior to tour – full refund of monies paid (for individuals) 20% deposit held (group bookings of 5 or more)
· Within 48 hours to 24hrs from tour – 50% total payment held
· 24hrs or less including no shows or cancellation on the day – 100% of the total tour fee.
· A date change may be made by the passenger in consultation with 3 Islands up to 48 hours prior to the tour subject to availability.
· 3 Islands reserves the right to cancel any tour if minimum passenger numbers are not obtained to run the tour viably. If this occurs, either a full refund or an alternative date will be arranged with the passenger.
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 a free repeat tour. Observers are only entitled to the partial refund option only.
· A free repeat tour on the next available day which may or may not be the following day.
· The passenger may choose a partial refund. Passengers, who booked through an agent, or third party, may also choose the refund option less agent fees and commission first.
Bookings made through agents will have the commission paid to the agent deducted from the refund first.
Example: a passenger paying full retail $395 to an agent charging 20% commission would be eligible for a $118 refund if choosing this option.
Example: Children paying the child rate of $285 to an agent charging 15% commission will be eligible for a $44.75 refund if this option is chosen by their parent / guardian / person responsible for them on the day.
Example: Families of 2 adults and 2 children paying full retail $1224 to an agent charging 20% commission would be eligible for $189.20 refund.
A direct booking passenger who has received a discount rate of any kind will be eligible for a refund of the full amount they paid. Not full retail rates.
Refunds paid will be either credited to the credit card used to pay the booking or to an 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 by the booking agent before the partial refund can be processed.
Passengers booked on as observers, are entitled to the refund option, but are not entitled to a free repeat tour on the next available day.
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 acknowledgment of these terms and conditions in their entirety and will be expected as terms of trade in lieu of another written agreement approved by management of 3 Islands.