Awesome Whale Adventures acts as your booking agent for your travel needs. These terms and conditions (the "Agreement") govern the relationship between us when you purchase travel-related services through us, in addition to your obligations as a customer. The terms "we", "us", and "our" refer to Awesome Whale Adventures. The term "you" refers to you, the customer booking a reservation through us or otherwise using our services.

We sell a variety of whale swim and whale watching expedition trips from different suppliers and service providers ("Suppliers"). Each Supplier has its own terms and conditions that are applicable to your arrangements, in addition to our general terms and conditions. Our website, which is referred to throughout this Agreement, can be found at www.awesomewhaleadventures.com.

Awesome Whale Adventures acts as an intermediary or a "Booking Agent" for products and services that we do not directly supply (e.g., air carriage, ground transportation, hotel accommodations, meals, tours, cruises, etc.). You will be entering into a separate contract with such Suppliers in connection with these products and services.

DEPOSIT AND PAYMENT

Upon receipt of these terms and the signed waiver, a 30% non-refundable deposit of the total package price is required to secure your booking. Payment of the deposit indicates your acceptance of these terms. Deposits are a commitment towards the trip, and we pay suppliers (including but not limited to hotels, guides, and boats) in advance.

We reserve the right to withdraw a booking if the deposit per person isn’t paid within 7 business days from the date of invoice.

The final balance is due 120 days before the tour start date. Failure to pay the final balance by this date will result in the cancellation of your booking.

For flight bookings, a deposit secures your reservation but does not guarantee the price until full payment is received and travel documents are issued, subject to the Supplier’s terms and conditions. Full payment may be subject to additional charges due to factors such as fuel costs or currency exchange rates.

SUPPLIER CANCELLATIONS

In the event that a local Supplier cancels your trip without reason, we will do our best to secure funds from the Supplier. For cancellations due to travel restrictions, governmental regulation, or force majeure, we will negotiate on your behalf but cannot guarantee all funds can be returned. We strive to secure the best possible outcome, but rebooking is subject to the Supplier's availability.

CANCELLATION POLICY

A non-refundable deposit of 30% is required to confirm your booking. By paying this deposit, you agree to these terms. The final balance is due 120 days before the start of the tour. If you cancel after this and we are able to fill your spot, you will receive a full refund excluding the deposit. Otherwise, your booking will be considered fully non-refundable.

PROFESSIONAL LIABILITY

Participation in any Activities, including whale swimming and whale watching tours, involves certain inherent risks that may result in injury or death. This warning does not describe or disclose all risks associated with the Activities, such as uncontrolled encounters with wild animals. Participants engage in these activities entirely at their own risk.

We are not liable for any personal injury or other losses arising as a result of attending the Trip or participating in the Activities. We are also not liable for personal property lost, stolen, or damaged before, during, or after a Trip. All participants must follow the instructions of the tour guide and crew at all times for their safety and the well-being of the marine life.

LIABILITY

Awesome Whale Adventures takes no responsibility for loss, damage, or injury arising from any shortfall, error, or omission in the information passed to the customer during the sale or subsequent delivery of the product. The company takes no responsibility nor can be held liable for any loss, damage, or injury that occurs on a supplier's or service provider’s premises or transport, or between two such premises.

INSURANCE REQUIREMENTS

Comprehensive travel insurance is mandatory, including coverage for medical evacuation and treatment costs. It is also recommended to protect against loss of deposits, cancellation charges, medical expenses, loss of personal possessions, and any other foreseeable losses or expenses.

For whale swim tours, travel insurance must also cover any potential emergency evacuation from the water, along with other unforeseen incidents during the trip.

HEALTH REQUIREMENTS AND DISCLOSURE

Participants must disclose any pre-existing medical conditions, allergies, or physical limitations that may affect their ability to take part in the tour. We recommend consulting your healthcare provider regarding any health requirements or restrictions for your destination or the activities included in the tour.

PHYSICAL FITNESS REQUIREMENTS

All participants must be in good health, capable swimmers, and comfortable in open water. If you have any concerns about your physical ability to participate, we advise seeking medical advice before booking the tour.

SAFETY BRIEFING AND PROFESSIONAL GUIDANCE

All participants must attend a pre-tour safety briefing. The briefing will cover emergency procedures, whale interaction guidelines, and other safety measures. You must follow the instructions of the tour guide and crew at all times to ensure your safety and protect the marine environment.

ADVERSE WEATHER POLICY

The tour operator reserves the right to modify or cancel the tour in the event of adverse weather conditions to ensure the safety of all participants. If the tour is cancelled, we will work with you to reschedule or offer alternative dates, subject to availability.

WILDLIFE INTERACTION DISCLAIMER

As this is a wildlife tour, we cannot guarantee that you will swim with whales. In the rare event that you do not encounter whales during the tour, no refunds will be provided. However, we will strive to provide the best possible experience based on the conditions during the tour.

CODE OF CONDUCT

We place significant emphasis on respecting and protecting marine life and the environment. Strict guidelines are in place to prevent participants from touching, chasing, or disturbing the whales or any other marine wildlife. We reserve the right to remove any participant from the tour without refund if they deliberately disregard these guidelines. Such actions pose a risk to wildlife and the safety of other tour participants.

ACCEPTANCE OF TERMS

By booking with Awesome Whale Adventures, you accept these booking conditions, along with any specific terms provided by the Supplier(s) involved in your travel arrangements.