Terms &Conditions
1) INTRODUCTION
a) In these Terms and Conditions, ‘The Carrier’, ‘Us’, ‘We’, ‘Our’, ‘The Hire Operator’ and other similar references means Whale Watching Perth and its contractors. The ‘Passenger’, ‘Customer’, ‘Consumer’, ‘Hirer’ and other similar references means the users of Whale Watching Perth’s services.
2) PRICING & FEES
a) Fares are quoted in Australian Dollars (AUD) and are correct at time of publication. Prices include GST. Prices are subject to change at the sole discretion of Whale Watching Perth. All fares and prices are subject to surcharges, blackout periods and seasonal variations at Whale Watching Perth’s sole discretion. Always check your travel documentation for final prices.
b) Credit card payments attract a surcharge of 1.5% and an imprint of a credit card may be required for tours with hire equipment.
c) Amendment Fees: Due to the complexity, staff time and communication costs of the booking process, a charge of $5 (incl GST) may apply to each modification made after the original booking.
3) CANCELLATION & REFUND POLICY
a) All tickets and bookings are non-refundable. Provided that notification is received by Whale Watching Perth over 1 hour prior to the scheduled departure date/time, the amount paid for any unused ticket/service can be issued as a credit note for future travel. Notification must be made by phone, email or at one of our office locations.
b) Cancellations must be advised at least 1 hour prior to a passengers onward voyage time.
c) Any amendments/changes made within 1 hour of scheduled departure time will result in the forfeit of all monies.
d) Refunds will not be made for inadvertently booking the wrong cruise time, departure point, or for personal reasons. Conditions a), b) and c) above still apply.
e) Cancellations once the scheduled onward voyage has been undertaken will result in the forfeit of all monies.
f) Credit notes are valid for a period of one (1) year from date of scheduled travel. No extensions can be offered on credit notes.
h) Credit card surcharge and postage and handling fees can not be refunded or credited.
j) Redemption of a credit voucher can only be made when booking via phone or at a Whale Watching Perth’s office.
k) Unused portions of a credit note will be re-credited. Any unused portion of a credit note will have the same expiry date as the original.
l) For any voyage cancellations due to adverse weather conditions or mechanical failures that are entirely outside of passengers’ control, passengers will be offered:
i) to transfer to another suitable cruise on the same day or;
ii) a full refund for any unused components of travel.
4) WHALE WATCHING SIGHTINGS
Whilst every effort will be made to ensure that whales are spotted on a booked whale watching tour, Whale Watching Perth cannot guarantee that whales will be sighted due to the fact that they are wild animals and are therefore beyond the control of the company or it’s employees.
a) If whales are not sighted on a whale watching tour, customers are entitled to join another whale watching tour within the same whale watching season. This cannot be used in conjunction with any other discount or offer, and must be redeemed by quoting the reservation number on the customer’s original whale watching booking with Whale Watching Perth.
5) CONCESSION FARES / GROUP DISCOUNTS
a) Applies to holders of a current Australian Government Seniors card or Student card (secondary or tertiary) – these concessions are not available to overseas cardholders. Applicable Backpacker cards include YHA/VIP/Mad/Peterpans/ISIC.
b) Whale Watching Perth supports the Companion Card program. Clients travel for the concession rate and one carer per client can travel free of charge when accompanying their client. Companion cards must be presented to the Whale Watching Perth’s office at check in. Staff must be notified that a carer is travelling at the time of booking in order for the carer’s ticket to be applied.
c) Where a price that is lower than Whale Watching Perth’s standard price is quoted for a group, if the number of people attending falls below the quota for a group discount, Whale Watching Perth reserves the right to increase the price to the rate applicable to the number of people travelling.
6) SERVICE DELAYS, CHANGES OR CANCELLATIONS
a) Whale Watching Perth reserves the right to alter the route or itinerary of any of its tours and arrange alternative carriers to those advertised if necessary. No refunds will be given in these circumstances or in the event of any delay, curtailment or alteration of a trip resulting from any cause including severe weather conditions or mechanical failure.
b) Whale Watching Perth cannot guarantee pick up or drop off times and is not liable for passenger failure to connect with other services or any associated costs resulting from such delays.
c) Specific components of certain tours are weather dependent and Whale Watching Perth cannot be held liable if trip components are not available on the day of travel.
7) LIABILITY
Whale Watching Perth and/or its owners and operators do not accept any responsibility (whether in tort contract or otherwise howsoever) for any injury to, or death of, any of its passengers whether during embarkment, carriage, disembarkment and whether caused by negligence or otherwise howsoever of any of its servants or agents, and liability for all claims or demands whatsoever in respect of all injuries or death howsoever caused is hereby excluded.
8) CHILD POLICY
a) Child fares are available for passengers aged between 4-12 years inclusive.
b) Infant fares are available for passengers between 0-3 years inclusive.
b) All child passengers must be under the responsibility of a travelling Parent or Guardian. Whale Watching Perth cannot take responsibility for any unaccompanied minors.
9) CONDITIONS OF PASSAGE
a) An arrival time of 60 minutes prior to all departures is recommended to allow appropriate time for passenger boarding. Due to loading requirements, check in will close 30 minutes prior to departure and boarding will close 15 minutes prior to departure. Whale Watching Perth reserves the right to refuse boarding for passengers not complying to the above check in and boarding times.
b) Whale Watching Perth may reassess at check-in or boarding, the classification of a passenger type (child, infant, student or concession). An increase in fare will be required where suitable identification cannot be provided.
c) Smoking is prohibited on all vessels at all times.
d) Travel may only be permitted for a person or persons whose name(s) appear on the Whale Watching Perth manifests. Travel arrangements may only be transferred to another person(s) with the knowledge and authority of Whale Watching Perth and the person who made the booking.
e) Whale Watching Perth reserves the right to refuse to carry any person or cargo aboard any company vessel or vehicle where Whale Watching Perth deems the person or cargo to be undesirable, unsuitable or dangerous.
g) All of our vessels are fully licensed to serve alcoholic beverages and as such, Western Australian liquor licensing requires all passengers to wear footwear at all times.
10) COVID 19 GOVERNMENT RESTRICTIONS.
The customer shall comply with all Government (Federal and State) requirements for entry into Western Australia or to access the operator’s premises, event or service. Where the customer does not so comply, and cancels or is unable to access the operator’s premises, event or service, the customer shall forfeit any and all monies paid. Should the event arrive whereby any government, state or federal, impose travel restrictions that hinder customers arriving in time for their tour, tickets will be converted to a credit note. There is no cash refunds. All sales are final.
11) ERRORS, OMISSIONS AND REPRESENTATIONS
a) The Carrier is not liable for errors or omissions in publications of schedules or in statements, or representations made by any of its employees, agents or representatives in respect of any Carrier Service.
b) No agent or employee of the Carrier has authority to give undertakings or make representations in relation to the provision or timing of any Carrier Service that are inconsistent with these Conditions. Any such undertakings or representations will not bind the Carrier except where the Carrier’s prior confirmation in writing is obtained.
12) COPYRIGHT, USE OF IMAGES AND PHOTOGRAPHIC OWNERSHIP
All images, logos and photographic representations are of the sole ownership of Whale Watching Perth unless otherwise credited. No use or reproduction of any of these objects is permitted without prior permission and authorisation from Whale Watching Perth. If you would like to query the use or ownership of any of these images, please contact us.
13) HILLARYS CAR PARKING
a) Whale Watching Perth (which includes its Directors, employees, agents and/or contractors) will not be liable for:
i) Any loss or damage suffered by the driver and/or owner of any motor vehicle and/or any other person including loss or damage to the motor vehicle (including without limitation, by delivery to some person not authorised to take delivery); and/or
ii) Any injury to or death of a person however caused and whether due to the state of the car park (including any fixtures or fittings) or any act or omission by or on behalf of Whale Watching Perth or by the negligence or otherwise of any person being with or without the authority of Whale Watching Perth.
b) The owner and the driver of any motor vehicle for themselves, and the driver as the agent of the owner for and on behalf of the owner (where the driver is not the owner) jointly and severally agrees that the motor vehicle is parked entirely at the owner’s and/or drivers sole risk as to all events and occurrences and to the full extent permitted by law, the owner and/or driver releases Whale Watching Perth from all and any liability of whatsoever nature and indemnifies Whale Watching Perth in respect of all and any liability of whatsoever nature and howsoever caused or arising and irrespective of any owner and/or driver omission or negligence by or on behalf of Whale Watching Perth and irrespective of whether any motor vehicle was being driven or not at any material time.
c) Without limiting the above Whale Watching Perth may deliver or allow removal of a motor vehicle to any person producing a ticket or other proof to the satisfaction of Whale Watching Perth and Whale Watching Perth may retain a motor vehicle until a person produces a ticket or other proof to the satisfaction of Whale Watching Perth.
14) PUBLIC HOLIDAY SURCHARGE
A 5% surcharge fee may apply on public holidays, which is to be applied at Whale Watching Perth’s discretion when deemed relevant and suitably noted on the website prior to the day the surcharge applies. This surcharge has been calculated to accommodate for additional costs incurred to Whale Watching Perth as stipulated by the Marine Tourism and Charter Vessels Award 2010.
15) INTERNET WEBSITE DISCLAIMER
While Whale Watching Perth has endeavoured to ensure that all information provided on Whale Watching Perth Internet websites is accurate and up to date, Whale Watching Perth takes no responsibility for any error or omission relating to this information. To the maximum extent permitted by law, Whale Watching Perth will not be liable for any cost, loss or damage suffered by you through your use of Whale Watching Perth Internet websites or Whale Watching Perth’s failure to provide access to these Internet websites or information updates.
16) PROMOTIONS & DISCOUNTS
a) Only one promotion or discount can be redeemed per booking.
b) The relevant discount code or reference must be quoted, and/or physical voucher forfeited, prior to payment being made. No refunds can be given for discount vouchers or codes provided after payment of reservation.
c) If you have booked with a voucher and fail to forfeit this voucher prior to travel, Whale Watching Perth reserves the right to charge the difference owing on the booking.