terms and conditions
The boring bit!
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.
general conditions
PAYMENT TERMS
1 . Deposits for Advance Bookings:
- If you book a tour more than 7 days in advance, we require a 25% deposit when you book to secure your spot.
- Note: Additional booking/processing fees may apply in addition to the standard fare.
- Full Payment for Last-Minute Bookings:
- If you book a tour within 7 days of the tour date, you will be required to pay the full amount at the time of booking.
- Note: Additional booking/processing fees may apply in addition to the standard fare.
- Outstanding Balance:
- If you have an outstanding balance, it must be paid no later than 7 days before your tour date.
- Our booking system will send you a reminder email and a payment link at that time.
- If you prefer to pay the balance earlier, please contact our office for assistance.
Please note that final costs may include booking and processing fees in addition to fare price.
GENERAL CONDITIONS
- 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) discount offers/promo codes must be mentioned at time of booking. Promotional discounts will not be applied retroactively
- 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 5 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, lung 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.
- Kings Ningaloo Reef Tours takes no responsibility for any lost personal items brought on board during our tours. Please ensure you keep your belongings secure and with you at all times.
TOUR CONDITIONS
- 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.
- Kings Ningaloo Reef Tours sighting guarantee applies only to our Whale shark Snorkel Adventure Tour which is usually operative from April to July. Please note Sighting Guarantee valid only April - 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. Please note that this may not be the next day as it is subject to availability but only within our current touring season. If you are not available for the next available tour we will offer you a partial refund. **Direct bookings – conditions apply**
- By participating in our tours, you acknowledge and agree that photographs or videos taken during the charter, which may include images of you and other participants, may be used by Kings Ningaloo Reef Tours for promotional, advertising, and marketing purposes. These images may appear on our website, social media platforms, brochures, or other marketing materials. We will ensure that the use of such images complies with relevant Australian privacy laws, including the Privacy Act 1988 (Cth). If you do not wish to be included in any photos or videos for these purposes, please inform our staff prior to the tour.
CANCELLATION POLICY
17. If We Cancel Your Tour:
- You'll be notified as soon as possible if we cancel due to bad weather, safety reasons, or other unforeseen circumstances.
- You can choose one of the following options:
- Reschedule the tour to a new date that suits you (subject to availability).
- Receive a credit for the amount you paid, usable within 3 years.
- Receive a refund minus reasonable administrative expenses
- If You Booked Through a Third-Party Agent:
- Contact your agent for any cancellation or refund, as their terms may differ from ours.
- Read the agent's terms and conditions for specifics.
- If You Cancel Your Tour:
- 1 week to 72 hours before the tour (25% of total fare):
- You forfeit your deposit (25% of tour total).
- You must cover any charges or costs incurred by us from your booking agent.
- Within 72 hours before the tour (50% of total fare):
- You forfeit your deposit and incur cancellation fee as per point below.
- You will be charged an additional 25% of the tour as a cancellation fee.
- You must cover any charges or costs incurred by us from your booking agent if you did not book direct
- You forfeit your deposit and incur cancellation fee as per point below.
- Within 48 hours before the tour (100% of total fare):
- No refund will be provided.
- No refunds are applicable in the following circumstances
- Please note there are no refunds for 'no shows', failure to meet at scheduled departure time or change of mind.
- No full refunds will be provided in the event of minimal or no wildlife sightings. A partial refund may be applicable during our sighting guarantee period if no Whale sharks are seen*
- No refunds are given should you downgrade from a swimmer to an observer on the day of the tour
- Refunds will not be issued if a passenger is removed from the tour or unable to participate due to non-compliance with safety instructions or inappropriate behavior or for non disclosure of a medical condition that may impact their or our crews health and safety.
- Motion (Sea) Sickness:
- No refund if you suffer from sea or motion sickness during the tour. Please note that we cannot return you to the boat ramp should you be suffering from sea sickness during the tour.
- Consult a pharmacist if you are concerned about motion sickness while at sea.
- Transferring Your Tour Date:
- Contact us at least 48 hours before your tour date to request a transfer to a new date (subject to availability).
- We request that any changes to your tour date be made at least 48 hours in advance. Please note that these requests can only be honoured if availability exists.
Please note that refunds will be processed in the same manner in which they were received.
LIABILITY WAIVER RELEASE
- Participation on any tour is subject to and conditional on your acceptance of our Liability Release Agreement.
- 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.