Terms & Conditions


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.

PAYMENT TERMS

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 these bookings is required 1 week after booking the tour, at which time another payment reminder will be sent with a payment link. If this payment is declined, we will make at least two separate 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.

CREDIT CARD FEES, TRANSACTIONS, AND PAYMENT DETAILS
Customers acknowledge and agree to Live Ningaloo adding a 2.4% credit card fee to cover the additional costs incurred by the company in taking this sort of payment from customers.  Note: Live Ningaloo is not responsible for any card or bank fees (this also includes cancellations).

If you wish to make your booking online, but 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
Bank: Westpac Banking Corporation
Branch: Exmouth, WA
BSB: 036188
Account No: 294649
IBAN are not used in Australia. Only above details are needed
We accept all credit cards (2.4% additional fee applies)

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 48 hours prior to the tour subject to availability. Date transfers (rescheduling) are permitted up to 7 days prior to the departure date, any changes made 7 days – 48 hours prior will incur a $25.00 re-booking fee.

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.

EXCLUSIVE (RENT THE WHOLE BOAT) BOOKINGS

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.

NINGALOO REEF SCIENTIFIC EXPEDITIONS

Cancellations outside of 90 days prior to tour date forfeit 50% of their deposit. Cancellations within 60 days prior to tour date will forfeit 100% of the standard fee.

RESCHEDULING & CANCELLATIONS: LIVE NINGALOO CANCELING 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.

TRAVEL INSURANCE

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.

PROMOTIONS

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.

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 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 MAY BE USED FOR MARKETING PURPOSES

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.

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: info@liveningaloo.com.au, 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.