Sunreef Terms and Conditions: Swim with Whales

Sunreef Terms and Conditions: Swim with Whales

Please read the following terms and conditions prior to booking your Swim with Whales tour.

CANCELLATIONS AND REFUNDS POLICY

SUNREEF CONFIRMATIONS AND CANCELLATIONS

Sunreef reserves the right at any time to cancel any trip we offer. Sunreef may cancel or change the time of your trip due to a variety of reasons, including, but not limited to not meeting minimum numbers, poor and unsuitable sea conditions, and technical disruptions.

If, in the opinion of the Skipper, the voyage cannot be continued for any reason, then the Skipper may terminate the tour at any time.

If we, the Sunreef staff, cancel the trip, either we can place your booking on hold for another time, you can reschedule the trip at the time of cancellation, or a full refund will be provided.

We understand that some of our customers may be traveling, with transport and accommodation costs in addition to the tour. Please note we will not be responsible for paying costs or expenses you may incur because of change of time or cancellation.

Sunreef is not a common carrier and reserves the right to refuse to carry any passenger, baggage, or goods without assigning any reason. Therefore, passengers shall comply with the Navigation Act 1912 (as amended 1079) and all regulations, orders or instructions given by the skipper.

MINIMUM NUMBERS

A minimum of 9 guests are required for these tours to run. Trips are subject to meeting minimum numbers to run our trips and may be cancelled or have schedule changes for this reason. If we must cancel a trip due to not meeting minimum numbers, we will either rebook or refund you for this.

SEA CONDITIONS & WEATHER

Much of the confirmation of your trip will be dependent on the wind and the swell at sea. We will monitor this closely and if the sea conditions are unsuitable*, we will let you know at approximately 3:30-4:00pm on the day before departure. We will not cancel the trip based off the rain or cloud cover, only the sea condition reports.

*Please note that while the weather may look great on the beach, it does not mean the conditions offshore are safe for Swim with Whales or Whale Watching. If we must cancel a trip due to poor sea conditions, it is for our customer’s safety, and we will either rebook or refund you for this.

TECHNICAL DISRUPTIONS

If we are in the unfortunate situation where we are unable to provide the service to you due to technical disruptions (such as vessel or equipment failure) on our end, we will cancel the trip. You will be notified as soon as possible via text message and email, please then contact us at your convenience and you will be eligible for either a rebooking or a refund.

COMMUNICATIONS

We will send out an email and text message the day before your trip at approximately 3:30-4:00pm to inform you of the status of the trip and its departure time.

WHALE BEHAVIOUR

• This tour is 100% on the whale’s terms and there is no guarantee that you will have an in-water experience with the whales.
• We do not give refunds for not swimming with whales.
• We do not give refunds for not sighting whales.
• If the Sunreef skipper or crew do not sight ANY whales either on the surface AND/OR in the water throughout the trip, you will be eligible for 50% off another Swim with Whales trip.
  • A whale sighting from the boat will not count toward 50% off another trip.
  • Not entering the water will not count toward 50% off another trip.
  • Not having an in-water experience with whales will not count toward 50% off another trip.
• At Sunreef, we do everything we can to provide an amazing experience from start to finish with all our trips. Humpback whales are wild animals that we do not have control over.
• Some whales may not want to socialise with us. Sometimes whales may not be deemed safe or suitable to swim with (i.e. displaying mating behaviours).
• Sunreef reserves the right to decide to not swim with the whales we find. We appreciate your respect and understanding when this happens. Sunreef staff will make the final decision as to whether if it is appropriate to enter the water with the whales, in the interests of both guests’ and whales’ safety. Additionally, staff will have the final say as to a guest’s in-water ability.
• We would like all our guests to acknowledge the potential risk of injury as this tour runs with wild animals.

CUSTOMER CANCELLATIONS AND REBOOKINGS

LATE CANCELLATIONS

A cancellation made by the customer less than 72 hours prior to departure incurs a 100% cancellation fee. NO REFUNDS. However, your Swim with Whales booking is transferable to another person and the new passenger can simply change the name on the booking at check in.

MEDICAL QUESTIONS

If any of the medical questions on your Swim with Whales Waiver or at check in are answered ‘YES’, we will ask you to use one of our blue snorkels, and if the conditions are deemed unsuitable for anyone using a blue snorkel, you may be asked to stay on board. There is a chance a doctor’s clearance may be required before you can participate in our Swim with Whales experience. If a doctor’s clearance is required by us and cannot be produced on the day of your trip, the above cancellation policies apply.

NO-SHOWS

Failure to turn up for your Swim with Whales tour at the time stipulated by Sunreef Employees incurs a 100% cancellation fee. NO REFUNDS.

SEASICKNESS & INABILITY TO COMPLETE THE TOUR

The above includes (but is not limited to) seasickness issues. If you find yourself dealing with seasickness, our crew will do their best to make you comfortable, but when there are clients in the water, they need to be fully engaged in that activity. As this is not something in our control, we will not issue any rebookings or refunds for being seasick and not swimming. We suggest you consider seasickness tablets to minimise the risk of seasickness affecting your trip.

This tour is an active and relatively strenuous physical activity. There are no refunds if you cannot complete the tour for any reason that prevents an individual from participating fully.

GIFT VOUCHERS 

Sunreef gift vouchers may also be called gift cards or gift certificates. All Sunreef gift vouchers are non-refundable. Sunreef gift vouchers do not expire. Gift vouchers cannot be redeemed for cash. All vouchers are kept under the customer’s name so if the gift card/voucher is lost it is still available. The voucher can be transferred to another person or used for any goods and/or services at Sunreef.

All charter and course cancellation policies apply as usual. Although the gift voucher may say it is for a specific item or service provided by Sunreef, all Sunreef gift vouchers are just worth that dollar value and can be used for any other goods/service provided by Sunreef. As such, if a product price has changed, and the owner wants to use it for the assigned product, they will have to pay the difference.

ELIGIBILITY REQUIREMENTS FOR SWIM WITH WHALES

Each swimmer is required to complete a Sunreef Swim with Whales Waiver before your Swim with Whales trip.

If you cannot swim, this tour will not be suitable for you. Please see our whale watching tours for another amazing alternative to experience humpback whales.

Guests must be able to swim competently in the open ocean and should be aware that the tours can be a relatively physically demanding activity. You must be able to climb the ladder of the boat in open sea conditions. You must understand that snorkelling are physically strenuous activities and that you will be exerting yourself during this program, and that if you are injured as a result of heart attack, panic, hyperventilation, drowning or any other cause, that you expressly assume the risk of said injuries and that you will not hold the Released Parties responsible for the same.

You must not be under the effect of alcohol or drugs.

If you are pregnant, we unfortunately cannot take you on this tour.

If you have any pre-existing medical conditions, are taking prescription medication, are suffering from any injury or illness you may be unable to swim with Sunreef. If this could apply to you, please contact us. You must understand that past or present medical conditions may be contraindicative to your participation in the program. You must affirm that you are not currently suffering from a cold or congestion or have an ear infection. You must affirm that you do not have, or have informed Sunreef, of a history of seizures, dizziness or fainting, or a history of heart condition (e.g., cardiovascular disease, angina, heart attack). You must further affirm that you do not have, or have informed, Sunreef of a history of respiratory problems, such as asthma, emphysema, or tuberculosis. You must affirm that you are not, or you have informed Sunreef that you are currently taking medication that carries a warning about any impairment of your physical or mental abilities.

Unfortunately, there is no wheelchair access available on any of our .

You must further state that you are of lawful age and legally competent to sign this liability release, or that you have acquired the written consent of your parent or guardian.

• Children under 16 years old must be always accompanied by an adult (on board or in the water, also please be aware that they must be strong swimmers for this activity.)
• Children under 8 are not permitted on board.

NO drones are permitted on board.

NO flash photography or videography is permitted on board.

NO alcohol is to be taken on the vessel.

NO weight belts and duck diving.

All guests MUST ALWAYS follow staff instructions.

You must listen to all briefings and seek advice if you do not understand any part of the brief.

WHAT TO BRING

We provide mask, snorkel, fins and a 5-mm steamer wetsuit in a variety of sizes. We have GoPros for hire for $50.

It’s usually easiest to come in your swimsuit as shortly after check–in, you will be given your wetsuits. Please remember to bring a water bottle, towel, and change of clothes for afterward. A waterproof camera is allowed, just no flash or light on it. You are welcome to bring small snacks if you choose. Please ensure you have your personal medications with you (e.g., asthmatics, heart disease, anaphylaxis, etc).

GEAR: HIRE AND PERSONAL EQUIPMENT

All hired Sunreef equipment including, but not limited to, masks, snorkels, fins, wetsuits, and GoPros, will remain on board Sunreef vessels after the end of your tour.

• Any damage to hired equipment must be paid by the client.
• If any of the Sunreef hire equipment is left in a damaged state or lost, the same shall be replaced or repaired at Sunreef’s sole discretion.
• Whenever repairs or replacement is required the amount charged shall be the replacement cost of the Unit at Retail Cost or repair cost.
• It is understood that the Hirer is a competent snorkeller and that no claim whatsoever can be forthcoming from the use of the above equipment.
• All equipment is to be inspected by the Hirer prior to leaving the dive centre for correct function and serviceability.
• Once equipment leaves Sunreef it is considered hired and no refunds are applicable.
• Please note that no refund will be issued for any activities not completed.

All personal gear brought by the client is responsibility of the client only.

• Sunreef accepts no responsibility and will not replace any lost or damaged equipment.
• If any of your personal gear is left behind, you will be responsible for picking up or paying for postage.

RISKS OF THIS TOUR

We are informing you that snorkelling has inherent risks which may result in serious injury or death.

Neither your guide(s)/instructor(s), nor the facility through which this program is offered, Sunreef, nor PADI Americas, Inc., nor its affiliate and subsidiary corporations, nor any of their respective employees, officers, agents, contractors or assigns (hereinafter referred to as “Released Parties”), may be held liable or responsible in any way for any injury, death or other damages to you, your family, estate, heirs or assigns that may occur as a result of your participation in this program or as a result of the negligence of any party, including the Released Parties, whether passive or active.

In consideration of being allowed to participate in this program, you and all participating guests hereby personally assume all risks of this program whether foreseen or unforeseen, that may befall you while you are participating in this program. You release, exempt, and hold harmless said program and Released Parties from any claim or lawsuit by you, your family, estate, heirs or assigns, arising out of your enrolment and participation in this program.

PARKING

The Wharf complex has 4-hour parking available, however you will need to find suitable parking for the tour you are on depending on the length of time you will be out. There are some unlimited parking spaces available outside of The Wharf Mooloolaba / SEA Life car park, however, please keep in mind especially if you are on an 11:30 am or later trip that parking can get very busy. Please give yourself at least 15-20 minutes for parking. You can find a parking map of The Wharf Mooloolaba here.

SWIM WITH WHALES WAIVER

You must understand the terms in your Swim with Whales Waiver are contractual and not a mere recital, and that you have signed this Agreement of your own free act and with the knowledge that you hereby agree to waive your legal rights. You further agree that if any provision of this Agreement is found to be unenforceable or invalid, that provision shall be severed from this Agreement. The remainder of this Agreement will then be construed as though the unenforceable provision had never been contained herein store/resort store/resort participant name store/resort Release of Liability/Assumption of Risk/Non-agency Acknowledgement Form Discover Snorkelling and Skin Diving you understand and agree that you are not only giving up your right to sue the Released Parties but also any rights your heirs, assigns, or beneficiaries may have to sue the Released Parties resulting from your death. You further represent you have the authority to do so and that your heirs, assigns, or beneficiaries will be estopped from claiming otherwise because of your representations to the Released Parties.

YOU AGREE TO EXEMPT and RELEASE YOUR GUIDE(S)/INSTRUCTOR(S), THE FACILITY THROUGH WHICH YOU RECEIVE YOUR INSTRUCTION, SUNREEF, AND PADI AMERICAS, INC., AND ALL RELATED ENTITIES AS DEFINED ABOVE, FROM ALL LIABILITY OR RESPONSIBILITY WHATSOEVER FOR PERSONAL INJURY, PROPERTY DAMAGE OR WRONGFUL DEATH HOWEVER CAUSED, INCLUDING BUT NOT LIMITED TO THE NEGLIGENCE OF THE RELEASED PARTIES, WHETHER PASSIVE OR ACTIVE. YOU HAVE FULLY INFORMED YOURSELF AND YOUR HEIRS OF THE CONTENTS OF THIS NON-AGENCY DISCLOSURE AND ACKNOWLDGEMENT AGREEMENT AND LIABILITY RELEASE AND ASSUMPTION OF RISK AGREEMENT BY READING BOTH BEFORE SIGNING BELOW ON BEHALF OF YOURSELF AND YOUR HEIRS.