By purchasing a ticket, you confirm that you have read, understood, and accept the following terms and conditions:
WEATHER/CANCELLATION
We do not guarantee that your tour will take place at the scheduled time. Schedules may change without notice for various reasons, including but not limited to bad weather, technical disruptions, the availability of marine mammals. Scheduled times do not form part of your contract with us.
We reserve the right to cancel, change a tour, or replace any boats at any time in the interests of passenger safety. Weather and sea conditions can change quickly, which may alter your tour status at any time. In rough sea conditions, the boat captain may increase child age limits, place restrictions on, or refuse to carry passengers with medical conditions and limited mobility and passengers who are pregnant.
HEALTH/SAFETY
We may refuse to carry you if we, acting reasonably, are not completely satisfied that it is practicable and safe for you to participate in the tour. Before you make any booking, you must tell us if you (including all participants in your booking) suffer from any illness, disease, or other mobility or medical condition which may make it impracticable or unsafe for you, or other passengers, to participate in the tour, or if you think you could be affected by adverse sea and weather conditions.
All tours carry a degree of risk, and by participating in the tour we provide, you expressly assume those risks personally. You are, to the maximum extent permitted by law, releasing us and our officers and employees from any liability, claims, losses, damages or expenses caused by any event, including, but not limited to: personal injury or death, property loss or damage, acts which may be construed as negligent or accidental, any other loss, damage, suffering, emotional or nervous disorder.
To ensure maximum safety and enjoyment of the tour by yourself and other passengers, you must follow all reasonable instructions our staff gave before, during, and after the tour and agree that you will ensure that any children in your care do the same. You are responsible for the safety and protection of your possessions.
Even if you have a booking, we may refuse to carry you if you require special assistance and have not previously made arrangements for such assistance. We may also refuse to carry you if you are drunk or under the influence of alcohol or drugs, or we reasonably believe you are in unlawful possession of drugs.
PUBLIC HEALTH
We reserve the right to only provide our services to you per any applicable legislation and/or the U.S Government’s most current public health advice regarding any pandemic infectious diseases. We may request further evidence from you, to assist with our decision to provide services to you.
Should you make a booking with us after we have announced any requirements relating to any pandemic (such as the need to be vaccinated), we can provide you with a full refund if you cannot satisfy these requirements.
CHECK-IN DEADLINE
If you arrive late your departure will be delayed and the tour will be shortened as needed to conform with the scheduled return time. To help us get your tour away on time, ensure you are at the departure point by the time specified. We are not liable to you for any direct or indirect loss or damage you may suffer due to your late arrival at either check-in or departure point.
GUARANTEE
There is no guarantee that whales will be seen on your tour.
To avoid doubt, a whale, as defined by the Marine Mammals Protection Regulations 1992, means all species commonly known as whales; and includes baleen whales, sperm whales, beaked whales, killer whales, and pilot whales.
SUMMARY OF FARE CONDITIONS
Online Bookings
The name Whale Watch Kaikoura will appear on cardholder statements for bookings made through this website.
Tour Cancellation
If we cancel your tour, a full refund will be given. Please note when booking through a third-party seller and not directly with us (Whalesongenterprises), your refund will be processed back to them. You will then need to contact them directly for your refund.
Booking Cancellation or Changes
To cancel or change your booking, please contact us by email or telephone.
Please Note:
- No charge applies to any booking changes made
- No booking fee is charged
- No credit card transaction fee is charged
- No refunds will be guaranteed in the event of your failure to notify us of your cancellation 24 hours before the check-in time
- We accept VISA, MASTERCARD and UNION PAY credit cards. WeChat Pay and Alipay payments are available online and at the point of sale.
AGREEMENT
By purchasing a tour ticket, you are saying that you understand and accept the above terms and conditions and also that you:
- Agree that the terms and conditions bind your successors, executors, administrators, and next of kin;
- agree, to the maximum extent permitted by law, not to commence any litigation or proceedings in any country concerning the risks and perils of the tour and to indemnify us against any such claims;
- consent to receive medical treatment in the case of injury, accident, or illness during the tour and to indemnify us against any claims in respect of this treatment;
- agree that any photographs, films, sound, video, or other recordings taken of events or people by anyone during the tour will not be used in any promotion or advertising without our consent. However, we may use such images or recordings at our complete discretion without any prior approval;
- confirm that the email address you have provided belongs to you or is authorized for your use and that you consent to us sending to you, from time to time and until you unsubscribe, marketing information (including surveys) concerning our business and your experience with us;
- agree that this Agreement is governed by U.S law and the exclusive jurisdiction of the U.S courts.
