Ningaloo Echo Tours Pty Ltd (ABN 96 142 373 939) trading as Kings Ningaloo Reef Tours (Kings Ningaloo Reef Tours)
These Terms and Conditions apply to each and every tour and or activity of Kings Ningaloo Reef Tours and to each individual Participant in such tour and or activity (the Tour).
The Participant accepts, acknowledges and agrees to herein release Ningaloo Echo Tours Pty Ltd (ABN 96 142 373 939) of 1112 Murat Road, Exmouth WA 6707, and its directors, employees, servants, volunteers, agents, representatives and assigns, from any and all liability arising from or in any way related to the Participant’s attendance on, and participation in, the Tour.
The Participant accepts, acknowledges and agrees that the Participant’s legal rights and obligations may be significantly affected by these Terms and Conditions.
If the Participant has any questions in relation to these Terms and Conditions, or the Tour, it is the Participant’s responsibility to refer to Kings Ningaloo Reef Tours in relation to such question or questions before the commencement of the Tour.
Kings Ningaloo Reef Tours takes no responsibility or liability for the actions of any third party.
- Bookings made for a Tour more than 7 days in advance will require a 25% deposit payable at the time of the booking, with the remaining balance payable no later than one week prior to the Tour commencement date.
- If, for any reason, a deposit is not paid when due, the booking will be held for a maximum of 7 days, and if the deposit still remains unpaid, the booking will be cancelled.
- For bookings made for a Tour within 7 days, full payment is required at the time of booking.
- Kings Ningaloo Reef Tours, at its absolute and sole discretion:
(a) may provide discount offers and where so provided, such discounts cannot be used in conjunction with any other special offer and will not be able to be used during any school holiday period;
(b) may provide gift vouchers which shall be valid for a period of 2 years from the date of purchase and, any extension to the this period of validity will be made at the sole discretion of Kings Ningaloo Reef Tours.
- Kings Ningaloo Reef Tours reserves the right to make changes to bookings and your itinerary, from time to time, at its absolute discretion, including but not limited to:
(a) a change of scheduled outward departure time or location;
(b) a change of scheduled arrival time or location;
(c) a delay of your Tour; and / or
(d) a change of your itinerary, including the omission of one or more destinations.
- Kings Ningaloo Reef Tours will use its best endeavours to notify you of any itinerary changes prior to departure. Kings Ningaloo Reef Tours is not liable or responsible for any expenses, costs or loss incurred due to any changes made by Kings Ningaloo Reef Tours to your booking and itinerary, including but not limited to those listed above.
- If any unforeseen circumstances, or circumstances beyond the control of Kings Ningaloo Reef Tours, including but not limited to a Force Majeure Event, results in Kings Ningaloo Reef Tours being prevented from, or delayed in, performing any of its obligations to you, including pursuant to its terms and conditions:
(a) then such a delay or prevention of performance shall not be deemed to be a breach of its terms and conditions;
(b) no loss or damage shall be claimed by you from Kings Ningaloo Reef Tours by reason thereof; and
(c) Kings Ningaloo Reef Tours shall use its best endeavours to minimise and reduce any period of suspension occasioned such unforeseen circumstances, or circumstances beyond its control, including any Force Majeure Event.
- The provisions in paragraph 7 above shall also apply, with any necessary changes, where you are unable to travel to the Tour departure point, due to any Government or other State regulatory restrictions, or for any Force Majeure Event.
- For the purposes of these Terms and Conditions, "Force Majeure Event" means any act of God, war, terrorism, fire, flood or any other extreme weather conditions, loss of power, epidemics or pandemics, industrial disputes, slow-downs or other strike activities, riots or civil unrest, acts of government, semi government or other authorities, inability to obtain any necessary licence or consent and delays caused by sub-contractors, suppliers or other third parties (including telecommunications carriers), material shortages or other disruption to Kings Ningaloo Reef Tours’ services beyond its control.
- If you have any condition, including medical condition, that may affect you or the health or safety of any other passenger, in any way, during your Tour, which includes but is not limited to any heart condition, pregnancy, allergies, back problems, virus or infection, you must advise Kings Ningaloo Reef Tours at the time of booking (which includes a rescheduled booking and booking using credit) or, if such condition is not known at the time of booking, as soon as possible thereafter, and prior to embarking on any Kings Ningaloo Reef Tours vessel.
- Kings Ningaloo Reef Tours reserves the right, at its absolute discretion, to refuse you access to its vessel and or any activity, or remove you from its vessel, if on reasonable grounds, its believes that you may seriously affect the safety or well-being of any other passenger or person on-board, including but not limited to as a result of any contagious medical condition. If you are refused entry to, or required to leave, the Tour, Kings Ningaloo Reef Tours is not responsible for any expenses, including your return home, and you are not entitled to a refund.
- Kings Ningaloo Reef Tours will seek to ensure that information on its website is complete, accurate and current. Notwithstanding, information on the website may be incomplete or out of date. All tour descriptions and prices on the website are subject to change at any time by Kings Ningaloo Reef Tours without notice. The inclusion of any product or service on the website at a particular time does not imply or warrant that such products or services will be available at any time. Kings Ningaloo Reef Tours reserves the right to discontinue any tour at any time.
- To ensure that all our passengers and crew remain safe during the pandemic you must adhere to social distancing requirements and hygiene standards.
- You shall be required to undertake a temperature test via a non-contact thermometer prior to boarding our transfer vehicle or vessel. If you refuse to take this test or the test shows that you have an elevated temperature, Kings Ningaloo Reef Tours has the right, at its sole discretion, to refuse you passage on the Tour and where so refused, no refund shall be payable.
- Where you present with an elevated temperature, Covid-19 symptoms or any other communicable disease or virus (where you are aware of the condition or not), Kings Ningaloo Reef Tours has the right, at its sole discretion, to refuse you passage on the Tour and where so refused, no refund shall be payable.
- Where paragraphs 14 and 15 below apply, you shall also release and indemnify Kings Ningaloo Reef Tours from any liability, loss or damage, of whatever nature, that may occur to Kings Ningaloo Reef Tours or any other person, including but not limited to persons departing on the same Tour. Such liability, loss or damage may include, but is not limited to, cancelation of the Tour or any activity, serious illness or death of any other person or where other persons determine to cancel their tour.
- Kings Ningaloo Reef Tours sighting guarantee applies only to our Whale shark Snorkel Adventure Tour which is usually operative from April to June.
- If you participate on our Whale shark Snorkel Adventure Tour as a swimmer and do not see a Whale shark we’ll offer you the next available tour for FREE as a second chance to do so. If you are not available for the next available tour we will offer you a partial refund.
- Please note that your details may be provided to Health Authorities should contact tracing identify any of our passengers have come into contact with a suspected Covid-19 case.
- If Kings Ningaloo Reef Tours cancels your Tour due to inclement weather, safety reasons or for any unforeseen circumstances (of any nature), you will be notified as soon as is possible.
- Where Kings Ningaloo Reef Tours cancels your tour:
(a) the Tour will be rescheduled and we will use our best endeavours to accommodate your preferred travel dates; or
(b) we will provide a credit to you (to the value of any monies paid by you) for your use at any time within two (2) years from the date of departure of the Tour, subject to availability; or
(c) we will refund you the monies that you have paid, less our reasonable administrative expenses.
- If you have booked your Tour through a third party agent any cancellation and or refund that may be available to you will need to be confirmed with your agent. We recommend that you read the agent’s terms and conditions applicable to you as those terms and conditions may, and are likely to, differ from the Kings Ningaloo Reef Tours Terms and Conditions.
- Where you cancel your Tour one (1) week to 72 hours prior to the booked Tour date, you will forfeit your deposit in full. If, in relation to such cancellation, Kings Ningaloo Reef Tours is charged and or incurs costs from a booking agent that you have used, such charges and or costs shall be met by you and shall be a debt due from you to Kings Ningaloo Reef Tours.
- Where you cancel your Tour within 72 hours prior to the booked Tour date, you will forfeit your deposit in full and be liable for a further 25% of the Tour fee, this sum to be a debt due from you to Kings Ningaloo Reef Tours. If, in relation to such cancellation, Kings Ningaloo Reef Tours is charged and or incurs costs from a booking agent that you have used, such charges and or costs shall also be met by you and shall be a debt due from you to Kings Ningaloo Reef Tours..
- NO REFUND will be available for any Tour cancelled within 48 hours prior to the Tour date.
- No refund will be made in circumstances where you suffer from sea or motion sickness during your Tour. If you are concerned about motion sickness we recommend you consult a pharmacist for advice prior to your Tour departure.
- If you wish to transfer your Tour to another departure date you must contact Kings Ningaloo Reef Tours no less than 48 hours prior to your Tour departure date. Kings Ningaloo Reef Tours may, in its sole discretion and subject to availability, confirm a
transfer of your Tour to another departure date this may be done. We request that any changes to the date of your tour be done at least 48hrs.
- Participation on any tour is subject to and conditional on your acceptance of our Liability Release Agreement. CLICK HERE
- To avoid doubt, you will not be able to or allowed to board any vessel or undertake any tour or activity unless and until the Liability Release Agreement is accepted and returned to Kings Ningaloo Reef Tours before the commencement of the tour or activity.