Terms & Conditions
By booking a tour with Whale Swim Safaris, you acknowledge and agree to the following Terms & Conditions.
Please read these conditions carefully before booking, particularly our cancellation policy, minimum age requirements and information regarding in-water whale encounters.
Prices & Payments
All prices displayed on our website are in Australian Dollars (AUD) and include GST, applicable marine park fees and charges.
We do not add separate booking or credit card fees to your booking.
However, payment processing and booking fees are charged to us when your booking is made and are generally not refunded to us when a booking is cancelled. Our cancellation policy reflects these costs.
Guest Cancellations
If you need to cancel your booking:
7 days or more before your scheduled departure: You will receive a 90% refund of the amount paid. The remaining 10% is retained to cover booking, payment processing and administration costs associated with your booking.
Less than 7 days before your scheduled departure: No refund will be provided.
This includes cancellations due to changes in travel plans, illness, missed flights, transport delays or other circumstances outside Whale Swim Safaris’ control.
We strongly recommend purchasing appropriate travel insurance to cover unexpected circumstances that may prevent you from attending your tour.
Late Arrivals & No-Shows
You must arrive at the designated check-in location 30 minutes before your scheduled departure time.
Our vessels operate to a strict schedule and cannot wait for late guests.
If you arrive after check-in has closed or miss your departure, your booking will be treated as a no-show.
No refund, credit or reschedule will be offered for late arrivals or no-shows.
Please allow sufficient time for traffic, parking and finding our check-in location.
Minimum Age – 16+
Whale Swim Safaris are strictly for guests aged 16 years and over.
This requirement applies to all passengers, regardless of whether they intend to enter the water.
If you make a booking for a guest who is under 16 years of age, they will not be permitted to board the vessel.
No refund, credit or reschedule will be provided where a booking has been made for a guest who does not meet our clearly advertised minimum age requirement.
It is the responsibility of the person making the booking to ensure all members of their group meet our age and participation requirements before booking.
Whale Swims Are Not Guaranteed
Whale Swim Safaris operates with completely wild humpback whales.
An in-water encounter is never guaranteed.
Whether guests are able to enter the water depends on a number of factors, including whale behaviour, the whales encountered, weather and sea conditions, other vessels, regulatory requirements and the judgement of our skipper and crew.
Our crew will only conduct an in-water encounter when they determine that it is appropriate and permitted to do so.
If an in-water encounter does not occur, your tour will continue as a small-group whale-watching experience.
No refund, partial refund, credit or complimentary return tour will be provided because an in-water whale encounter did not occur.
Guests for whom swimming with a whale is particularly important should consider booking more than one Whale Swim Safari, as multiple trips provide more opportunities for suitable whale behaviour and conditions.
Multi-trip discounts are available for guests booking multiple tours.
Wildlife Encounters
Humpback whales are wild animals and their behaviour cannot be predicted or controlled.
We do not guarantee the number of whales encountered, how close whales will approach, the duration of an encounter, underwater visibility, particular whale behaviours or photographic opportunities.
Every tour is different.
Our priority is to operate responsibly and allow interactions to occur on the whales’ terms.
Swimming Ability & Participant Suitability
Whale Swim Safaris are active marine adventures conducted aboard small vessels.
Guests participating in an in-water encounter must be confident swimmers, comfortable in open water and physically capable of entering and exiting the water and vessel without assistance.
Our tours are not suitable during pregnancy or for guests with certain back, neck, mobility or other conditions that may make travelling aboard a small vessel or entering the water unsafe.
Guests are responsible for considering their own physical ability and suitability before booking.
If you are unsure whether the experience is suitable for you, please contact us before making your booking.
The skipper retains the right to prevent any guest from entering the water if they reasonably believe it would be unsafe for that guest to participate.
Safety & Skipper’s Authority
The skipper has ultimate responsibility for the safety of the vessel, passengers and crew.
All guests must follow instructions provided by the skipper and crew at all times.
The skipper may alter the route, itinerary, duration or activities undertaken during a tour where reasonably necessary due to weather, sea conditions, whale behaviour, safety considerations, regulatory requirements or other operational circumstances.
The skipper may also refuse participation or remove a guest from an activity where their behaviour presents a safety risk to themselves, other guests, crew, wildlife or the vessel.
Weather & Operator Cancellations
Whale Swim Safaris operates in a marine environment and tours are subject to weather and sea conditions.
Rain, cloud or less-than-perfect weather does not automatically result in a cancellation.
The decision to operate or cancel a tour is made by Whale Swim Safaris and the vessel’s skipper based on the conditions and available forecasts.
If Whale Swim Safaris cancels your tour because of unsuitable weather, sea conditions, operational requirements or because minimum passenger numbers have not been reached, you will be offered:
- A transfer to another available departure; or
- A refund of the tour price paid.
Where Whale Swim Safaris is able to safely operate the tour but a guest chooses not to attend, our standard guest cancellation policy applies.
Minimum Passenger Numbers
Whale Swim Safaris requires a minimum of four paying guests for a scheduled tour to operate.
If minimum numbers are not reached, we may contact you to offer an alternative departure.
If we cancel your tour because minimum passenger numbers have not been reached, you may transfer to another available tour or receive a refund.
Equipment
Mask, snorkel and wetsuit hire are included in your Whale Swim Safari.
Equipment remains the property of Whale Swim Safaris and must be returned at the end of the tour.
Guests may bring their own suitable equipment if preferred, subject to approval by our crew.
Changes to Tours
Marine wildlife tours are inherently unpredictable.
Departure times, routes, vessels and tour duration may occasionally need to change due to weather, operational requirements, safety considerations or circumstances beyond our reasonable control.
Where possible, we will notify affected guests of significant changes.
Responsibility When Booking for Others
The person making a booking on behalf of multiple guests is responsible for ensuring that every person included in the booking is aware of these Terms & Conditions, including:
- The 16+ minimum age
- Swimming and mobility requirements
- The small-boat nature of the experience
- The cancellation policy
- The requirement to arrive on time
- The fact that whale swims are not guaranteed
By completing the booking, the person making the reservation confirms that they have authority to make the booking on behalf of the other participants.
Acceptance of These Terms
By completing a booking with Whale Swim Safaris, you confirm that you have read, understood and accepted these Terms & Conditions.
We strongly recommend reviewing our What to Expect information before booking so you understand the nature of the experience and what is required to participate.
Waiver & Participation Agreement
All guests are required to complete and sign a participation waiver and medical declaration before boarding a Whale Swim Safaris vessel.
The waiver must be completed individually by each participant and includes acknowledgement of the risks associated with travelling aboard a small vessel, snorkelling, entering open water and participating in marine wildlife activities.
Guests are responsible for providing accurate information regarding their swimming ability, physical condition and any medical conditions that may affect their ability to safely participate.
Guests who have not completed the required waiver will not be permitted to participate in the tour or enter the water.
If a guest refuses or fails to complete the required waiver, no refund, credit or reschedule will be provided.
Completion of the waiver does not guarantee that a guest will be permitted to enter the water. The skipper and crew retain the final decision regarding participation where there are reasonable safety concerns.
Photography, Video & Media
Our crew may take photographs and video during Whale Swim Safaris, including footage of guests aboard the vessel and participating in in-water encounters.
We love sharing the incredible experiences that happen on Hervey Bay, and this content may be used by Whale Swim Safaris for promotional and marketing purposes, including our website, social media, digital advertising and other promotional materials, without additional compensation.
By participating in a Whale Swim Safari, you acknowledge that photography and filming may take place during your tour.
If you do not wish to be identifiable in our promotional photography or video, please let our crew know before departure so we can take reasonable steps to respect your preference.
Guests are also welcome to take their own photographs and video during the tour, provided this does not interfere with the safe operation of the vessel, wildlife interactions, other guests or instructions from the crew.
Whale Swim Safaris Pty Ltd
Hervey Bay, Queensland, Australia