OUR TERMS & CONDITIONS
These Terms and Conditions override any and all other Terms and Conditions previously provided to you. Please read them carefully. Terms and conditions will always be provided to the passenger or person responsible via our website 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 acknowledgement of these terms and conditions in their entirety.
We do our best to ensure all of our guests book the way they prefer: email, phone, and online are all options. Humans can make mistakes, and to reduce human error we have an official booking system which keeps track of all our customer booking details. It is the system that we rely on and when a booking is made, either by phone, email or through our automated system (when booking online yourself) you will receive an email with official confirmation from our reservation system with your booking number and detailed information about your booking. It is the purchaser’s responsibility to check the details in the official confirmation are correct (including but not limited to booking date). If changes need to be made, those must be made in writing via email. The purchaser will receive another emailed confirmation through our official reservation system with the changed information. If the purchaser does not receive this official confirmation from our reservation system within 24 hours, your booking has not been updated. Please get in touch with our office to ensure the details have been transmitted.
We require payment in full to minimise the chances of any complications arising with not receiving payment in full before the start of a tour and is required to secure your place. Full payment on all bookings is required 1 week after booking the tour, at which time another payment reminder will be sent with a payment information. If this payment is declined, we will make attempts to contact the customer via the mobile phone and email address they provided when making the booking to secure the balance owing. However, if we have been unable to secure the agreed payment, the customer will forfeit their date, and we will then attempt to sell these tickets in the limited time available to us before the tour departs. This is unfortunate, but we simply can’t afford to go out with empty spaces that customers have reserved but not paid for that we could have sold to other customers.
For group bookings or exclusive hire please note: We do not accept split payments. We will accept one payment from the main contact – this makes it easier for us to track payments.
CREDIT CARD FEES, TRANSACTIONS, AND PAYMENT DETAILS
Customers acknowledge and agree to a booking fee when placing a booking online. Live Ningaloo is not responsible for any fees or bank fees (this also includes cancellations).
If you wish to make your booking online, but avoid the online booking fee and pay by bank transfer, please add “banktransfer” (this is not case sensitive) to the promo code line when checking out. If you are making a booking less than 1 week prior to your tour date, full payment must be made by credit card to secure your space.
Bank transfer information is listed below. Please make payments to Renlyn Australia Pty Ltd on behalf of Live Ningaloo. Please reference your booking number in the payment.
Account Name: Renlyn Australia Pty Ltd
Account No: 1236363
SWIFT Code: BKWAAU6P
IBAN numbers are not used in Australia. Only above details are needed.
We accept all credit cards but there is a transaction fee (1.9% + .30 for every transaction). Please contact us to process your credit card.
NO SIGHTING POLICY
The following verbiage applies to the whale shark tours only. 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 Live Ningaloo 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 have no sighting of a whale shark, we have a no sighting policy with options to suit most circumstances. Please note, this only applies to 15 April – 15 July.
One of the following options may be chosen by snorkelling passengers. Observers are not entitled to a repeat tour.
• A free repeat tour on the next available day which may or may not be the following day.
• If you have to leave the next day, we will provide you with a non-transferable voucher valid for 2 years.
RESCHEDULING & CANCELLATIONS: YOU CANCELING OR RESCHEDULING
No refund can be given in the event of non-arrival or any unused services due to flight and/or weather disruption. As a small bespoke tour operator operating over a short season, our business depends on maximising occupancy and cancellations often result in empty seats due to booking lead times and limited air capacity.
Cancellations must be made in writing (post or email) and received by Live Ningaloo 14 days before the date of the booked tour. To avoid any miscommunication, requests for cancellations or amendments over the phone will not be accepted.
A date change may be made by the passenger in consultation with Live Ningaloo up to 14 days prior to the tour subject to availability. Date transfers (rescheduling) are permitted up to 14 days prior to the departure date, any changes made will incur a $25.00 re-booking fee. If you are making a change within 13 days of your booked tour date, you will incur the full rate of the seat cost in addition to the cost of the new seat(s) booked.
Any tours purchased through a travel agent or third party will need to be refunded via that agency and they may elect to charge a cancellation penalty over and above Live Ningaloo’s as listed above.
GROUP & EXCLUSIVE (RENT THE WHOLE BOAT) BOOKINGS
For groups of 5 or more people and exclusive hire: Cancellations outside of 30 days prior to tour date forfeit 30% of their deposit. Cancellations within 30 days of booked tour date will forfeit 100% of the standard fee. This does include group number changes.
RESCHEDULING & CANCELLATIONS: LIVE NINGALOO CANCELLING OR RESCHEDULING
Cancelling tours is something we do everything possible to avoid. However, occasionally due to safety concerns, weather conditions, factors beyond our control, mechanical breakdowns, or minimum passenger numbers required for a tour to depart not being reached, we do have to cancel or reschedule a tour.
When this occurs, we commit and reserve the right to doing everything we can to deliver some form of enjoyable and substitutable tour experience to you for your money, including but not limited to rescheduling you onto our next available tour, or placing you on another company’s oceanic tour. In those instances, where this is not possible before you leave town, we will give you a tour voucher valid for the next two years for you to use when you are next in town. This voucher is not sell-able or transferable. Alternatively, we may give you a full or partial refund for the price of your tour, depending on the circumstances of your tour, what activities had been completed prior to the tour being cancelled and the time the tour was cancelled, etc.
However, by booking with us you are agreeing that Live Ningaloo will not be held liable for any costs incurred by you relating to your holiday in general, that do not specifically relate to the day your tour was scheduled for if we have to cancel a tour. These costs include any and all costs incurred by you in travelling to and from Exmouth, and any and all accommodation and meal expenses whilst in Exmouth.
Unforeseen circumstances may result in you having to change your plans or even cancel at the last moment. To protect non-refundable deposits and payments we strongly recommend you purchase comprehensive travel insurance. This is available from travel agents, some health care and credit card companies and via various websites.
We STRONGLY recommend that all guests obtain travel insurance including a cancellation policy and emergency medical care. Please be sure to consider pre-existing medical condition clauses, valuable items cover etc to ensure that the policy is right for you.
From time to time as part of our marketing strategy, we will offer specials and discounts. Unfortunately, these will not apply to existing bookings. Whilst we apologise for any disappointment caused we do liken it to airfares and other goods which may go on sale after you have purchased them. Offers made are never combinable.
FULLY INFORMING US OF ANY AND ALL MEDICAL CONDITIONS OF RELEVANCE
All passengers are required to fully disclose and communicate to us any and all medical or physiological conditions or history that may impact on their ability to participate fully in a cruise, snorkelling, any water or boating activity in a normal and safe manner.
WEATHER CONDITIONS AND EXTRAORDINARY ISSUES
Weather conditions will make a number of whale shark tours each season less than ideal. Whilst this is outside of our control, we will do everything we can to ensure our passengers enjoy their tour regardless, and to minimise the impact of the weather conditions on our guests. However, we cannot be held responsible nor liable for less than ideal weather conditions during a tour.
Similarly, it may become necessary to alter, reschedule, or change aspects of our tour because of weather or other extraordinary issues. In this instance, we will again do everything we can to ensure our passengers have the best possible time they can whilst on our tour, including providing substitute tours to full or partial value if at all possible. However, we cannot be held responsible for when such events occur and accept no liability for the impact of such changes or associated issues on passengers.
LIVE NINGALOO’S LIABILITY
Except to the extent required by law, Live Ningaloo and its agents, employees and associated companies take no liability in the event of incorrect booking information (see confirmation note above), damage, personal loss, injury or sea-sickness of passengers. We will, however, do everything reasonably possible to assist in every situation that is brought to our attention.
PASSENGER LIABILITY FOR CARELESSNESS LEADING TO LOSS OR DAMAGE TO EQUIPMENT
We subscribe to a ‘you break it, you bought it’ mantra. This also includes loss of items. Please be careful and thoughtful with all items on board our vessel or furnished by us. If the unfortunate situation where something is broken or loss occurs, we will notify you of the extra cost and bill accordingly.
Live Ningaloo will require customers to pay for any lost or damaged gear.
PHOTOS & VIDEOS
Customers agree that all photos and videos taken by Live Ningaloo’s onboard photographer and videographer may be used for marketing purposes by the business without the need for approval from the customer.
Guests also agree any photos they use for social media or other marketing purposes must be credited to Live Ninglaoo, using the appropriate social handle and name of the business.
All photos and footage taken inside the national park waters falls under the licensing agreement we have with Parks and Wildlife – essentially we own all rights to photos and footage taken, even if by guests with their own equipment per our agreement with Parks and Wildlife. No photos or footage taken by guests can be sold or used for promotional purposes without Live Ningaloo’s consent.
All correspondence is confidential. It may also be privileged or otherwise protected by work product immunity or other legal rules. If you have received it by mistake, please let us know by e-mail reply and delete it from your system; you may not copy this message or disclose its contents to anyone. Please send a text or phone us with any containing deadlines as incoming e-mails are not screened for response deadlines.
CUSTOMER REVIEWS & FEEDBACK
Live Ningaloo encourages all guests to provide feedback (We love compliments too!) We are committed to doing the right thing at all times, which includes making good on any mistakes we make or negative impacts we have on any of our customers to the very best of our abilities.
However, because of the significant risks to our brand and reputation, we require each and every guest to agree, prior to boarding any of our vehicles or vessels, to agree to the following Social Media Condition. Before posting negative reviews or comments about our company on social media sites, or in the public domain, our guests commit to first raising any and all complaints about any aspect of our operations with the company’s management directly at: firstname.lastname@example.org, and providing us with a fair and reasonable opportunity to make good and address any issues raised to the satisfaction of the customer. Guests failing to do this prior to placing any form of negative comment on social media sites or into the public domain expressly grant Live Ningaloo the right and express authority to have any and all such comments the guest has posted to be removed on the guest’s behalf, without any need to first notify the guest that we will be doing so. Subsequent to the removal of such comments, Live Ningaloo commits to contacting the guest to work through the issues raised and addressing any and all issues of concern they have raised to the best of our ability and to make good however and whenever appropriate.
Qantas Passenger Perks: We are partnering with Qantas to offer a discount with each swimming ticket purchase on our humpback whale swimming and adventure day tour (01 August – 31 October 2020). This offer is only valid for direct guests booking that specific seat (we repeat, swimmers only) and tour. This offer cannot be retroactively applied to a previously-made booking. In order to get this offer you must supply a valid 6 digit Qantas Booking Reference Number and record this on the booking form under ‘Qantas Code’ and also apply the advised promo code at checkout. This offer cannot be applied later to a booking already made, nor can it be combined with other offers. This offer is only valid at time of booking your Qantas flights.
Pizza & Pint: We are offering a special pizza and pint with each swimming ticket purchase on our humpback whale swimming and adventure day tour (01 August – 31 October 2020). This offer is only valid for direct guests booking that specific seat (we repeat, swimmers only) and tour. This offer cannot be retroactively applied to a previously made booking. In order to get this offer you must make the booking online yourself using the ‘pizzaandpint’ code in the promo code section when prompted on the online booking form.