DO NOT USE - V1 - Ningaloo Whaleshark-n-Dive

Product Terms and Conditions Whale Shark Adventure Swims Exmouth 2026 Season Public Holiday Surcharge A 15% public holiday surcharge applies to all tours operating on Australian public holidays (swimming tours only). This surcharge reflects increased staffing and operational costs and will be automatically applied at checkout when a public holiday date is selected. No-Sighting Policy Applicable to tours operating from 15 March to 15 July each season. Outside of these dates, standard Ningaloo Eco Tour Product Terms & Conditions apply. Whale sharks and all other marine life at Ningaloo Reef are completely wild. They are not trained, encouraged, or coerced in any way to interact with guests or crew. As a result, animal behaviour is unpredictable, and the location, timing, or duration of sightings cannot be guaranteed. Some species are seasonal, and while every effort is made, we cannot guarantee that guests will see all - or in rare cases, any - marine wildlife during their tour. Whale Shark No-Sighting Options In the unlikely event that a whale shark is not sighted, snorkelling guests may choose one of the following options. Observers are not eligible for repeat tours or vouchers. Free repeat tour on the next available seat (which may or may not be the following day), or Repeat tour voucher valid for three years (voucher is valid for the original passenger only and is non-transferable) For full details, please refer to our complete Terms & Conditions: https://www.whalesharktours.com.au/terms-and-conditions/ General Terms and Conditions for Ningaloo Whaleshark-n-Dive Important information 1. Public Holiday Surcharge A 15% public holiday surcharge applies to all swimming tours operating on Australian public holidays. This surcharge reflects increased staffing and operational costs and will be automatically applied at checkout when a public holiday date is selected. 2. Wildlife and Sightings All whale sharks and marine life at Ningaloo Reef are completely wild and are not trained, encouraged, or coerced to interact with guests or crew. While our experienced crew makes every effort to locate wildlife, sightings, timing, and interaction opportunities cannot be guaranteed. Some species are seasonal and, in rare cases, guests may not see whale sharks or other marine life during their tour. 3. Whale Shark No-Sighting Policy (15 March – 15 July only) If a whale shark is not sighted during your tour, snorkelling guests may choose one of the following options: • A free repeat tour on the next available seat (which may not be the following day), or • A repeat tour voucher valid for 3 years. Repeat tours and vouchers are valid for the original passenger only and are non-transferable to another guest. Observers are not eligible for repeat tours or vouchers. 4. Minimum Numbers All tours require a minimum number of bookings to operate. If minimum numbers are not met, our team will contact you the day prior to your tour and you may choose to: • Reschedule to another available date (subject to availability), or • Cancel and receive a full refund or credit note equal to the tour price paid. 5. Safety & Operational Conditions Your safety is our highest priority. The Company reserves the right to cancel, postpone, delay, or modify any tour if conditions are deemed unsafe or unsuitable to operate. This may include adverse weather conditions, marine authority advisories, mechanical issues, vessel unavailability, or other unforeseen circumstances beyond the Company’s control. All operational decisions are made by the vessel Master and/or Company management and are final. 6. Cancellation & Refund Policy Please choose carefully when making your booking. We do not normally provide refunds for changes of mind or incorrect booking selections. If you need to cancel your tour more than 28 days prior to the scheduled departure date, you may choose one of the following options: • Reschedule your tour to an alternative available date, or • Receive a tour credit voucher to the same value, valid for 3 years from the original tour date. Due to the nature of our industry and limited seasonal availability, all guest-initiated cancellations are issued as a tour credit voucher only. Cash refunds are not normally provided unless required under Australian Consumer Law. Ningaloo Whaleshark-n-Dive accepts no liability for personal illness, including seasickness, and no refund or credit will be issued if a guest is unable to participate in the tour for this reason. 7. Travel Insurance We strongly recommend that all guests (domestic or international) to obtain comprehensive travel insurance at the time of booking. Insurance should cover cancellations, medical requirements, medical evacuation, luggage, and additional travel expenses. Cancellation fees may apply from the time payment is made, so purchasing insurance early is advised. The Company is not responsible for additional costs incurred by guests in relation to cancelled, rescheduled, or modified tours, including but not limited to flights, accommodation, transport, or other third-party expenses. 8. Pricing & Payment Policy All prices are listed in Australian Dollars (AUD) and include GST (Goods and Services Tax) as of 06/12/2022. Prices may be updated from time to time in response to changing market conditions. Bookings will not be confirmed or held without payment. A 50% deposit is required to secure a booking, with full payment due 30 days prior to the tour date. Accepted payment methods include: • Cash or debit card (in retail store only) • Visa or MasterCard (credit card surcharge applies) • Direct bank transfer (please contact our customer support team on +61 8 9949 1111 or email info@ningaloowhalesharkndive.com.au for details) 9. Medical Requirements, Medical Conditions & Swimming Ability Snorkelling with whale sharks involves moderate to strenuous physical activity in open ocean conditions, and participants must be confident swimmers and comfortable in the water. Guests must be in good health to participate. Anyone with heart conditions, previous cardiac history, respiratory conditions, epilepsy, severe asthma, or any medical condition that may be aggravated by physical exertion or could result in loss of consciousness is strongly advised to seek medical advice and obtain clearance from a qualified doctor prior to the tour. Guests who are taking strong medication or have any condition that may place them at higher risk during the tour may be required to provide a medical clearance confirming they are fit to participate in strenuous snorkelling activity in open water. For safety reasons, the Company reserves the right to refuse participation or remove a participant from the water if a guest’s medical condition, fitness level, or swimming ability is considered a risk to themselves, other guests, or crew. 10. Disclaimer The services advertised on this website may be provided by independent contractors and suppliers. These suppliers are not agents or employees of Ningaloo Whale Shark n Dive or its affiliates. Ningaloo Whale Shark n Dive and its affiliates are not liable for the acts, errors, omissions, representations, warranties, breaches, or negligence of any such suppliers, or for any personal injury, death, property damage, or other damages or expenses resulting from their services. The website may operate as an intermediary between the client and operators providing services listed, including but not limited to fishing and snorkelling charters. While reputable suppliers are selected, the website cannot be held liable for their actions or omissions. Travel services are subject to the terms and conditions set by those suppliers, whose liability may be limited by their own tariffs and conditions of service. NINGALOO WHALESHARK-N-DIVE recommends that you take out comprehensive travel insurance.