Dive Ningaloo Liveaboard Terms and Conditions
Please read and understand these Terms and Conditions prior to booking your tour. By booking a tour with Dive Ningaloo you agree on your own behalf, and on behalf of any others you are booking for, to accept these Terms and Conditions. These Terms and Conditions override all other terms and conditions previously provided to you and are available via our website at all times. These Terms and Conditions apply to all bookings made with Dive Ningaloo whether in person, over the phone or via our website.
A booking is confirmed once we have established the requested tour date availability and a non-refundable deposit has been paid.
Guests choosing accommodation options are required to reserve for the number of guests equal to the room capacity at time of booking. Single occupancy is welcomed, please be aware if the vessel is a full capacity you will share with someone else. Request for a single booking private room will require booking for 2 beds.
Dive Ningaloo are not responsible for any expenses incurred by guests in preparing for this trip (including any additional services booked through Dive Ningaloo) such as airline tickets, transport and transfer arrangements, accommodation or special clothing.
It is recommended that all guests purchase appropriate travel insurance to cover last minute cancellations, medical cover and COVID restrictions such as border closures.
Dive Ningaloo can make bookings for local services on guests’ behalf, including but not limited to; airport transfers, accommodation, whale shark tours etc (third party services). All bookings for third party services are made subject to the terms and conditions and limitation of liability imposed by these third party services providers, Dive Ningaloo acts in good faith on behalf of our suppliers, but does not accept any liability of any nature, for the acts, omissions or default, whether negligent or otherwise, of third party services providers. Your interactions with third party services providers are at your own risk and you agree to review the third party services provider’s booking terms and conditions on their website and be bound by them.
Rates and Payment Terms
All rates are in Australian Dollars and inclusive of GST.
A 20% non-refundable deposit is required to secure your booking. Bookings can be made directly online, or via email. Dive Ningaloo are not responsible for any bank charges, international transfer or exchange fees incurred by you when transmitting funds into our bank account. This deposit is non refundable once paid regardless of cancellation notice.
Full payment is due by 30 days prior to your travel date. No refund of the full payment is received once this has been paid and if there are any cancellations within 30 days of the tour departure.
You will be sent a payment reminder and pre-tour checklist around 6 weeks prior to your tour departure. If a booking request is made for a tour departure that is less than 30 days away, full payment is required at the time of booking to confirm your booking.
Dive Ningaloo reserve the right to cancel your booking if full payment is not made in accordance with these Terms and Conditions.
Dive Ningaloo Cancellations and Rescheduling
Dive Ningaloo reserves the right to cancel any booking before departure for any reason whatsoever which may make the trip inadvisable or unsafe. If Dive Ningaloo cancels the booking, guests will be given the option to transfer their booking to an alternative date (if available) or receive a refund for the activities or tours to be provided by Dive Ningaloo, less any credit card fees. The rights of the guests under this clause are the guests’ sole entitlements where Dive Ningaloo cancels an activity or tour and Dive Ningaloo is not liable for any other damages or incidental expenses that you may incur as a result of your booking.
Guest Cancellations and Rescheduling
Notification of cancellation must be received in writing by email.
To avoid any miscommunication, cancellations or amendments over the phone will then be requested via email.
In the event of a cancellation 30 days or less before the departure date, no refund is given. If cancellation occurs more than 30 days prior to the departure date we will refund any amounts paid less the non-refundable deposit. Where travel has been booked with a third party Travel Agent, Dive Ningaloo terms and conditions apply, we cannot guarantee refund of any additional travel agents deposit component.
No refund will be given in the event of non-arrival or Dive Ningaloo exercising its rights to refuse to provide the tour in accordance with these terms and conditions on the departure date. No part-refunds are given in the event guests arrival is delayed or if the activity or tour is not completed for any reason. If guests are delayed we will do everything reasonably possible in order to assist guests to join the remainder of the tour.
Guest Rescheduling due to COVID
Dive Ningaloo understands that the uncertainty created by COVID is unsettling. Guests may need to cancel their booking in the event that there are travel restrictions which apply to their normal place of residence as a result of COVID at the date of cancellation. In these circumstances, if the cancellation occurs 30 days or more before the date of departure Dive Ningaloo will provide a credit note for the value of the non-refundable deposit valid for bookings made in the following 12 months for travel up to 24 months after the date of cancellation. The credit note is not redeemable for cash and is forfeited if not used prior to expiry. Travel insurance is recommended to cover cancellations occurring within 30 days of the tour, as refunds cannot be provided and the above terms and conditions apply.
Insurance and Liability
Guests should note that boating and SCUBA diving can be a dangerous activity and while our crew will make every effort to ensure our guest’s safety, we cannot be accountable for actions of guests that are beyond our control. This is an adventure trip and Dive Ningaloo cannot accept any responsibility or liability for illness, accident, death, delay and property damage or loss. As a condition of joining any activity or tour each guest must sign the Liability Release & Assumption of Risk. If a guest refuses to sign the Liability Release & Assumption of Risk, Dive Ningaloo may cancel the booking and the terms concerning Guest Cancellations above will apply.
To protect non-refundable deposits and payments, we strongly recommend that all guests arrange adequate Travel and Cancellation Insurance to cover valuable items, e.g. cameras, and to protect themselves against unforeseen last minute cancellations caused by illness, family emergencies, weather, flight delays, border closures or any reason out of the control of Dive Ningaloo.
We strongly recommend that you also purchase Evacuation and Medical cover for scuba diving. Scuba diving and In-water activities are not covered by all Travel Insurance Policies, and you must read the wording of your Policy carefully. It is important to note that in the event you require medical emergency services, the evacuation, medical, and vessel relocation expenses are your financial responsibility. Scuba diving activities carry an additional risk and medical treatment can be costly. The closest Hyperbaric Chamber is approx. 1300km away.
It is a requirement of participation in a Dive Ningaloo tour that guests fully disclose any physical or physiological medical conditions or history that may require treatment and/or may impact on their ability to participate fully in tour activities, in a normal and safe manner. Please provide us with details and an emergency contact number for your medical practitioner or family member/emergency contact person. This can be done confidentially and does not have to be detailed in your booking form.
We require all guests to complete our online PADI medical questionnaire which is found on our website. Any persons answering ‘yes’ to any of the questions must obtain an appropriate medical clearance prior to arriving in Exmouth. We also recommend that all guests obtain dive medical clearance from a doctor trained in dive medicine, prior to joining the tour. Scuba diving is an exciting yet demanding activity and can be strenuous under certain conditions. A person with, but not limited to; coronary disease, a current cold or congestion, epilepsy, a severe medical problem or who is under the influence of alcohol or drugs should not dive. Dive Ningaloo reserves the right to refuse scuba diving activity on board.
You acknowledge and agree that Dive Ningaloo may take your temperature prior to and during the course of the tour. Dive Ningaloo reserves the right to cancel your tour on the date of departure if you present feeling unwell, if your temperature is higher than 37.5o or you otherwise have cold or flu symptoms.
Changes to the tour
Dive Ningaloo will endeavour to adhere to the advertised itinerary, but reserve the right to alter the itinerary or cut short the tour in the event of medical emergency, inclement weather conditions, or for reasons involving passenger, crew or vessel safety, at the sole discretion of the Master of the Vessel.
A severe storm or named cyclone in the region may delay our departure or require the trip to be cut short or cancelled. If you are travelling in the cyclone season (December to April) you are advised to purchase, well prior to your Travel Date, insurance that covers force majeure events (being events outside the control of the parties, such as natural disasters) as Dive Ningaloo are not liable for any refunds or expenses suffered by you, as a result of cancellation or change to the itinerary.
In the event of a mechanical breakdown, you accept that Dive Ningaloo will only be obliged to refund fees on a pro rata basis, and will not be responsible for alternative accommodation or tours, nor will be liable for any other direct or indirect loss, expense, inconvenience or disappointment.
Cuisine and Dietary Requirements
If you have any allergies, intolerances or special dietary requirements, you MUST advise us well in advance (at least 30 days prior to your tour) so that appropriate catering can be arranged. If you do not advise any dietary requirements, we will not accept responsibility for preparing special meals outside of the planned menu during your tour.
No BYO alcohol, one glass of beer or wine is provided with dinner. Additional drinks may be purchased from the bar which are very reasonably priced. A tab system is in place, which must be settled at the end of the trip before disembarking the vessel.
Guest Behaviour on Board
Guests must abide by all Australian Laws while on-board our tours and respect the needs of other guests. Please note that we may refuse the right of boarding to any guest who arrives intoxicated by alcohol or under the influence of illegal substances. If this occurs, we will not refund any monies paid.
Smoking Policy. Smoking is not permitted anywhere within vessel interiors. A small area is available outside where environmental care and respect is essential.
Photos and Videos
Unless you advise us to the contrary in writing prior to departure, you acknowledge and agree that all photos and videos taken by Dive Ningaloo’s crew onboard will become Dive Ningaloo’s property immediately upon creation and you consent to us using such photos and videos for advertising, promotional and other business purposes in any medium we choose without the need for further approval from you. You also agree that any photos created by Dive Ningaloo that you use for social media or other marketing purposes must be credited to Dive Ningaloo, using the appropriate social handle and name of the business.
Reference made to sightings of any specific marine creatures or wildlife is not guaranteed due to the unpredictable nature of wildlife watching.
Diving and Equipment
Dive Certification: Proof of certification is required. All divers must have dived in the last 12 months. If your skills and ability are incompatible with a dive, you may not be permitted to participate in that dive. A a pool refresher can be arranged prior to the tour departure for anyone who is not able to demonstrate a logged dived in the past 12 months.
Guided Dives: It is not our policy for all dives to be divemaster led. We provide a complimentary orientation dive to enhance and refresh skills, and all dives will have an in-water guide for added safety, however it is your responsibility to make sure your navigation and diving skills are adequate to self-guide on dives and that you safely follow all decompression limits. Dive site briefs include information with maps with topography, depths, currents & marine life.
Dive Equipment: Your personal dive equipment brought onboard must be maintained, assembled and used according to the manufacturer’s recommendations. You must have an appropriate signalling device (SMB), alternate air source, appropriate exposure protection and a snorkel as per PADI standards. Hire gear is available for all dives and must be arranged prior to boarding the vessel.
Hire Gear: You are liable for the replacement or repair of any lost or damaged hire equipment whilst in your care.
Liability and Privacy
To the extent permitted by law, Dive Ningaloo, its related entities, employees and agents shall not be liable for any claims, losses, damages, injuries, costs and expenses suffered, sustained or incurred (including but not limited to indirect or consequential) as a result of, or arising out of, or in any way connected with the booking. Guests release Dive Ningaloo for any claim whatsoever and howsoever incurred including but not limited to a claim for death, bodily injury damage or loss of property during embarkation and/or disembarkation to or from the vessel and/or at all times whilst onboard the vessel itself, unless caused by wilful misconduct or reckless disregard of Dive Ningaloo. In the event of breach of any of these terms by Dive Ningaloo, or a failure in whole or in part to provide any service that Dive Ningaloo contracted to provide (either expressly or by implication), the remedy for any such breach of any term shall be limited only to the contractual value of the performance of service or obligation that was not performed by Dive Ningaloo, or alternatively part value of the service where there was partial performance of the service or obligation by Dive Ningaloo. Any liability shall be assessed by Dive Ningaloo’s own value of the service and/or obligation or part thereof that is the subject of any claim. This clause is subject to your rights under the Australian Consumer Law and nothing in these terms and conditions is intended to limit any rights you may have under the Competition and Consumer Act 2010.
The laws of Western Australia, Australia govern these Terms and Conditions.
Any disputes in connection with a tour or these Terms and Conditions must be initiated in the courts of Western Australia, Australia.