Terms and Conditions: Swim with Whales - Sunreef

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 contacted and 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 checkin, 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.

Sunreef Terms and Conditions Continued…

If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy and website disclaimer, govern sunreef.com.au’s relationship with you in relation to your use of this website.

By using this website, you signify your acceptance of these terms and conditions of use. For the purposes of these Terms and Conditions, “Us”, “Our” and “We” refers to Sunreef and our website sunreef.com.au, while, “You” and “Your” refers to you, the client, visitor, website user or person using our website.

AMENDMENT OF TERMS

We reserve the right to change, modify, add or remove portions of these terms at any time. Please check these terms regularly prior to using our website to ensure you are aware of any changes. We will endeavor to highlight any significant or substantive changes to you where possible. If you choose to use our website, then we will regard that use as conclusive evidence of your agreement and acceptance that these terms govern your and Sunreef’s rights and obligations to each other.

LIMITATION OF LIABILITY

It is an essential pre-condition to you using our website that you agree and accept that Sunreef is not legally responsible for any loss or damage you might suffer related to your use of our website, whether from errors or from omissions in our documents or information, any goods or services we may offer or from any other use of the website. This includes your use or reliance on any third party content, links, comments or advertisements. Your use of, or reliance on, any information or materials on this website is entirely at your own risk, for which we shall not be liable.

It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific, personal requirements. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

COMPETITION AND CONSUMER ACT

For the purposes of Schedule 2 of the Australian Consumer Law, in particular Sections 51 to 53, 64 and 64A of Part 3-2, Division 1, Subdivision A of the Competition and Consumer Act 2010 (Cth), Sunreef’s liability for any breach of a term of this agreement is limited to: the supplying of the goods or services to you again; the replacement of the goods; or the payment of the cost of having the goods or services supplied to you again.

You must be over 18 years of age to use this website and to purchase any goods or services.

DELIVERY OF GOODS

Physical goods may be delivered by Australia Post and/or other reputable courier companies. Deliveries are processed promptly upon receipt of full payment. Delivery may take between 2 and 14 days, depending on the delivery option. Damaged or lost orders should be resolved with Australia Post or the courier company directly and we are not responsible for goods that are damaged in transit or not received. Replacement of damaged or lost items is made at the discretion of whaleone.com.au.

Digital goods are delivered immediately. Please be aware there are inherent risks associated with downloading any software and digital goods. Should you have any technical problems downloading any of our goods, please contact us so we may try to assist you.

LINKS TO OTHER WEBSITES

Sunreef may from time to time provide on its website, links to other websites, advertisements and information on those websites for your convenience. This does not necessarily imply sponsorship, endorsement, or approval or arrangement between whaleone.com.au and the owners of those websites. whaleone.com.au takes no responsibility for any of the content found on the linked websites.

Sunreef’s website may contain information or advertisements provided by third parties for which Sunreef accepts no responsibility whatsoever for any information or advice provided to you directly by third parties. We are making a ‘recommendation’ only and are not providing any advice nor do we take any responsibility for any advice received in this regard.

DISCLAIMER

To the fullest extent permitted by law, Sunreef.com.au absolutely disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for any particular purpose. Sunreef.com.au gives no warranty that the documents, goods or services will be free of errors, or that defects will be corrected, or that our website or its server is free of viruses or any other harmful components.

Whilst we, at all times endeavor to have the most accurate, reliable and up-to-date information on our website, we do not warrant or make any representations regarding the use or the result of the use of any document, product, service, link or information in its website or as to their correctness, suitability, accuracy, reliability, or otherwise.

It is your sole responsibility and not the responsibility of Sunreef.com.au to bear any entire costs of servicing, repairs, or correction. The applicable law in your state or territory may not permit these exclusions, particularly the exclusions of some implied warranties. Some of the above may not apply to you but you must ensure you are aware of any risk you may be taking by using this website or any products or services that may be offered through it. It is your responsibility to do so.

YOUR PRIVACY

At Sunreef, we are committed to protecting your privacy. We use the information we collect about you to maximize the services that we provide to you. sunreef.com.au respects the privacy and confidentiality of the information provided by you and adheres to the Australian Privacy Principles. Please read our separate Privacy Policy carefully.

You may change your details at any time by advising us in writing via email. All information we receive from our customers, is protected by our secure servers. sunreef.com.au’s secure server software encrypts all customer information before it is sent to us. Furthermore, all of the customer data whaleone.com.au collects are secured against unauthorised use or access. Credit card information is not stored by us on our servers.

THIRD PARTIES

Sunreef does not and will not sell or deal in personal or customer information. We may however use in a general sense without any reference to your name, your information to create marketing statistics, identify user demands and to assist it in meeting customer needs generally. In addition, we may use the information that you provide to improve its website and its services but not for any other use.

DISCLOSE YOUR INFORMATION

Sunreef may be required, in certain circumstances, to disclose information in good faith and where Sunreef is required to do so in the following circumstances: by law or by any court; to enforce the terms of any of our customer agreements; or to protect the rights, property or safety of our customers or third parties.

EXCLUSION OF COMPETITORS

If you are in the business of creating similar documents, goods or services for the purpose of providing them for a fee to users, whether they be business users or domestic users, then you are a competitor of Sunreef. Sunreef expressly excludes and does not permit you to use or access our website, to download any documents or information from its website or obtain any such documents or information through a third party.

If you breach this term, then Sunreef will hold you fully responsible for any loss that we may sustain and further hold you accountable for all profits that you might make from such unpermitted and improper use. whaleone.com.au reserves the right to exclude and deny any person access to our website, services or information in our sole discretion.

COPYRIGHT, TRADEMARK AND RESTRICTIONS OF USE

This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, trademarks and graphics. You are not permitted to reproduce the documents, information or materials on the website for the purposes of sale or the use by any third party. In particular, you are not permitted to republish, upload, transmit electronically or otherwise or distribute any of the materials, documents or products that may be available for download from time to time on this website.

Sunreef expressly reserves all copyright and trademark in all documents, information and materials on our website and we reserve the right to take action against you if you breach any of these terms.

Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following: you may print or download to a local hard disk extracts for your personal and non-commercial use only; and you may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material.

You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.

WHOLE AGREEMENT

These terms and conditions represent the whole agreement between you and Sunreef concerning your use and access to Sunreef’s website and your use and access to the documents and information on it. No other term is to be included in this agreement except where it is required to be included by any legislation of the Commonwealth or any State or Territory. All implied terms except those implied by statute and which cannot be expressly excluded are hereby expressly excluded.

EXCLUSION OF UNENFORCEABLE TERMS

Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in any State or Territory then such a clause shall not apply in that State or Territory and shall be deemed never to have been included in these terms and conditions in that State or Territory. Such a clause if legal and enforceable in any other State or Territory shall continue to be fully enforceable and part of this agreement in those other States and Territories. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these terms and conditions.

JURISDICTION

This agreement and this website are subject to the laws of Queensland and Australia. If there is a dispute between you and whaleone.com.au that results in litigation, then you must submit to the jurisdiction of the courts of Queensland.

    Privacy Policy

    Sunreef Mooloolaba is committed to providing quality services to you and this policy outlines our ongoing obligations to you in respect of how we manage your Personal Information.

    We have adopted the Australian Privacy Principles (APPs) contained in the Privacy Act 1988 (Cth) (the Privacy Act). The NPPs govern the way in which we collect, use, disclose, store, secure and dispose of your Personal Information.

    A copy of the Australian Privacy Principles may be obtained from the website of The Office of the Australian Information Commissioner at www.aoic.gov.au

    1. What is Personal Information and why do we collect it?

    Personal Information is information or an opinion that identifies an individual. Examples of Personal Information we collect include: names, addresses, email addresses, phone and facsimile numbers. This Personal Information is obtained in many ways including correspondence, by telephone and
    facsimile, by email, via our website www.sunreef.com.au, from other publicly available sources, completed forms and from third parties. We don’t guarantee website links or policy of authorised third parties. We collect your Personal Information for the primary purpose of providing our services to you, providing information to our clients and marketing. We may also use your Personal Information for secondary purposes closely related to the primary purpose, in circumstances where you would reasonably expect such use or disclosure. You may unsubscribe from our mailing/marketing lists at any time by contacting us in writing. When we collect Personal Information we will, where appropriate and where possible, explain to you why we are collecting the information and how we plan to use it.

    2. Sensitive Information

    Sensitive information is defined in the Privacy Act to include information or opinion about such things as an individual’s racial or ethnic origin, political opinions, membership of a political association, religious or philosophical beliefs, membership of a trade union or other professional body, criminal record or health information.

    Sensitive information will be used by us only:

    • For the primary purpose for which it was obtained
    • For a secondary purpose that is directly related to the primary purpose
    • With your consent; or where required or authorised by law.

    4. Third Parties

    Where reasonable and practicable to do so, we will collect your Personal Information only from you. However, in some circumstances we may be provided with information by third parties. In such a case we will take reasonable steps to ensure that you are made aware of the information provided to us by the third party.

    5. Disclosure of Personal Information

    Your Personal Information may be disclosed in a number of circumstances including the following:
    • Third parties where you consent to the use or disclosure; and
    • Where required or authorised by law.

    6. Security of Personal Information

    Your Personal Information is stored in a manner that reasonably protects it from misuse and loss and from unauthorized access, modification or disclosure. When your Personal Information is no longer needed for the purpose for which it was obtained, we will take reasonable steps to destroy or permanently de-identify your Personal Information. However, most of the Personal Information is or will be stored in client files which will be kept by us for a minimum of 7 years.

    7. Access to your Personal Information

    You may access the Personal Information we hold about you and to update and/or correct it, subject to certain exceptions. If you wish to access your Personal Information, please contact us in writing. Sunreef Mooloolaba will not charge any fee for your access request but may charge an administrative fee for providing a copy of your Personal Information. In order to protect your Personal Information, we may require identification from you before releasing the requested information.

    7. Maintaining the Quality of your Personal Information

    It is an important to us that your Personal Information is up to date. We will take reasonable steps to make sure that your Personal Information is accurate, complete and up-to-date. If you find that the information we have is not up to date or is inaccurate, please advise us as soon as practicable so we can update our records and ensure we can continue to provide quality services to you.

    7. Policy Updates

    This Policy may change from time to time.

    7. Privacy Policy and Enquiries

    If you have any queries or complaints about our Privacy Policy, please contact us.