Whaleshark Tour Swim Guarantee!
Whaleshark Tour Swim Guarantee!
These Booking Conditions set out the terms on which you contract with us for your Tour. By making a Booking, you acknowledge that you have read, understood and agree to be bound by these Booking Conditions. We reserve the right to change these Booking Conditions at any time prior to you making a Booking. Capitalised terms are defined at the rear of these Booking Conditions.
A Booking is confirmed (and a contract between you and us comes into effect) when:
We reserve the right to decline a Booking at our discretion. If we decline your Booking and you have made any payments to us on account of that request, then we will promptly refund amounts received by us.
We commence providing services to you as soon as we confirm your Booking. This includes (often significant) work undertaken prior to travel to arrange and coordinate the delivery of your Tour. You also receive the benefit of work we undertake in anticipation of bookings.
Our Tours
For Tours that we principally operate, our services are limited to: (a) the arrangement and coordination of the Tour Services; and (b) the delivery of Tour Services which we directly control, operate or own.
Third Party Tours
For any Third Party Tours you book through us, we act as booking agent for the Third Party Tour Operator only. The services we provide to you for Third Party Tours are limited to arranging for you to contract with the Third Party Tour Operator.
You acknowledge that our obligations to you in connection with any Third Party Tours you book through us are limited to taking reasonable care to select a reputable Third Party Tour Operator and arranging for them to provide that Third Party Tour to you.
To the fullest extent permitted by law, we will not be responsible to you for any loss, damage, personal injury or delay attributable to the actions, omissions or negligence of a Third Party Tour Operator and not caused by our negligence. Any claims you have in this regard must be made against the Third Party Tour Operator.
Prices stated are in Australian Dollars ($AUD), are inclusive of GST, and are subject to change prior to you making a Booking. Please note that a 10% surcharge applies to all prices for services that take place on Western Australian public holidays. Your Booking Confirmation will confirm your Price. Payments by debit or credit card are subject to a surcharge equal to the costs we incur to process the payment.
Exclusions
International and domestic airfares and airport/hotel transfers are not included in a Tour unless specifically stated. Costs associated with passports, visas, vaccinations, insurance, meals (other than those stipulated), emergency evacuation costs, gratuities, and all items of a personal nature are not included and are your responsibility. If we incur any of these costs on your behalf, then you agree to reimburse us for them on demand.
Your obligations and rights in relation to payments, amendments and cancellations are specified here.
If we cancel your Tour for reasons other than Force Majeure (see below), we will endeavour to accommodate you on alternative dates. If that is not possible or if alternative dates are not suitable for you, then we will at your election refund you or issue you with a Credit Note equal to the Tour Price received by us.
To the fullest extent permitted by law, we will not be responsible for any other loss or costs you incur (for example, airfares not included in your Tour, insurance and visa expenses) if your Tour or particular Tour Services are cancelled for any reason.
Prior to travel
We may need to make amendments or modifications to your Tour and its inclusions and you acknowledge our right to do this. Most changes will not be significant. If we become aware of any significant changes to your Tour’s itinerary or its inclusions that materially detract from the overall characteristics or value of the Tour (where we determine it can still proceed), then we will notify you within a reasonable time and you may elect to:
If you do not make an election in writing within 7 days of us notifying you of the significant change (or within a reasonable shorter timeframe where the change is notified nearer to your Tour’s commencement), then you will be deemed to have elected to proceed with the Tour.
During travel
You acknowledge that the itinerary and/or the Tour’s inclusions may need to change during your Tour due to local circumstances beyond our reasonable control, including but not limited to poor weather and sea conditions. In these circumstances we will endeavour to make suitable alternative arrangements.
General
To the fullest extent permitted by law:
Prior to travel
If: (a) in our reasonable opinion we (either directly or through our employees, contractors, suppliers or agents) determine that your Tour cannot safely, lawfully or reasonably proceed due to a Force Majeure event; or (b) you give us notice no more than 14 days prior to commencement of your Tour that you cannot reasonably participate in it due to Government Restrictions (for example due to border closures), then we may:
If we cancel your Tour, neither of us will have any claim for damages against the other. However, we will issue you with a Credit Note equal to the Price received by us. Please note that our ability to issue you with a Credit Note may be dependent on our suppliers issuing corresponding credits to us. We cannot guarantee that our suppliers will issue corresponding credits. In such circumstances we may instead pay you a cash refund of the Price received by us less: (a) unrecoverable third-party costs and other expenses that remain payable by us for your Tour Services; (b) overhead charges incurred by us relative to the Price; and (c) fair compensation for work undertaken by us in relation to the Tour until the time of cancellation.
For the avoidance of doubt and without limitation, an illness, the development of a medical condition or the failure of any commercial transportation not included in your Tour is not considered a Force Majeure event.
During Tour
If we cancel Tour Services due to Force Majeure during your Tour, we will provide you with at your election a refund of recovered third party costs plus any third party costs we don’t incur for the cancelled Tour Services or a Credit Note to the same value.
General
If we provide you with any alternative services or assistance where Tour Services are cancelled due to Force Majeure which you accept, then you agree that any amount to be refunded to you will be reduced by the value of these services and that assistance.
To the fullest extent permitted by law, our liability to you for cancellations due to Force Majeure is limited to your rights under this clause.
Travel Insurance
It is strongly encouraged that you are adequately insured for the duration of your Tour. We recommend comprehensive travel insurance to cover cancellation, medical requirements, medical evacuation, luggage and additional expenses. The choice of insurer is yours. We strongly suggest you purchase insurance at the time you pay the Price. This is because cancellation fees may be payable from that time.
Medical Requirements, Medical Questionnaires and Waivers
Whale Shark Swim and Mega Fauna Swim Tours
At the time you make your Booking with us, you must notify us of your Medical Circumstances. If any of your Medical Circumstances change between the date on which you make your Booking and the date of your Tour, you must notify us promptly in writing and by telephone on +61 8 6388 0111.
Prior to commencing your Tour, you may be asked to complete the snorkelling medical questionnaire. If you answer ‘Yes’ to any questions in this medical questionnaire, you must provide a medical clearance from a doctor confirming you can participate in the Tour, and cannot participate if you do not provide this.
Prior to commencing your Tour (and in any event, by the date that is 21 days prior to your Tour) you are required to complete and submit a risk acceptance and waiver of liability available here.
Snorkelling and Discover Scuba Dive Tours
At the time you make your Booking with us, you must notify us of your Medical Circumstances. If any of your Medical Circumstances change between the date on which you make your Booking and the date of your Tour, you must notify us promptly in writing and by telephone on +61 8 6388 0111.
Prior to commencing your Tour (and in any event, by the date that is 21 days prior to your Tour), you must complete and submit:
If you answer ‘Yes’ to any questions in the medical questionnaire, you must provide a medical clearance from a doctor confirming you can participate in the Tour, and cannot participate if you do not provide this.
Scuba Diving (excluding Discover Scuba Tours)
At the time you make your Booking with us, you must notify us of your Medical Circumstances and Scuba Diving Qualifications.
If any of your Medical Circumstances or Scuba Diving Qualifications change between the date on which you make your Booking and the date of your Tour (except to the extent those changes relate to updating your number of logged scuba dives and the date of your most recent scuba dive), you must notify us promptly in writing and by telephone on +61 8 6388 0111.
Prior to commencing your Tour (and in any event, by the date that is 21 days prior to your Tour), you must complete and submit:
If you answer ‘Yes’ to any questions in the medical questionnaire, you must obtain a Diver Medical Participant Questionnaire and Medical Examination from a doctor conducted in accordance with Australian Standard AS 4005.1 before arriving in Exmouth. You cannot participate if you do not provide this.
You acknowledge that diving medicals are not available in Exmouth. It is your responsibility to consult your doctor to confirm whether they can conduct the medical to the required standard. We has no control over the availability, timing, or cost of medical assessments and will not provide refunds if a medical cannot be obtained or is considered too expensive.
Permanently Unfit
A full refund will only be provided if you are declared permanently medically unfit to dive and submit a diving medical form signed by a medical doctor stating “Permanently Unfit”, received no less than 7 days prior to the first scheduled day of the course.
If such medical evidence is provided within 7 days of the course start date or during the course, any refund will be at the sole discretion of Exmouth Dive & Whalesharks and may be partial only.
No refunds will be provided if you choose not to continue the course for any reason other than a permanent medical condition as described above, including where you are unable to complete required skills or decide that diving is not suitable for you.
PADI eLearning materials and theory links (if provided) are non-refundable once activated.
Dietary Requirements
You must notify us of any dietary requests or restrictions at the time you make your Booking with us. We will endeavour to accommodate any dietary requests or restrictions, but we cannot guarantee those requests or restrictions will be accommodated. It is your responsibility to check that meals and beverages do not contain any allergens. We expressly disclaim any liability for meals or beverages that contain allergens, or that do not accommodate your dietary requests or restrictions, other than in circumstances where we have been negligent.
Risk Acceptances & Waivers
You acknowledge and agree that your participation in snorkelling and scuba diving is subject to you agreeing to a risk acceptance and waiver of liability for participation in the activity available here.
You further acknowledge that your Tour may expose you to inherent personal risks which may be greater than those present in your everyday life. This could be because of the adventurous nature of activities, travelling by sea and interactions with wildlife. You travel on the basis that you accept these inherent risks and that to the fullest extent permitted by law we will not be responsible for any personal injury or death resulting from the materialisation of an inherent risk.
Check In
You must check in for your Tour at the time and location advised in your Booking Confirmation. Failure to do so may result in our refusal to allow you to participate in the Tour.
Prohibited Items
You must not bring on board the vessel any goods or objects of a flammable or dangerous nature including: (i) firearms, knives, weapons or sharp objects; (ii) alcohol or illegal drugs of any kind; (iii) items that may become or are dangerous, such as seal batteries, items containing mercury, bleaches, explosives (including fireworks and flares), poisons (such as pesticides and herbicides); (iv) items prohibited by law; (v) drones, furniture and household goods; or (vi) animals (with the exception of guide /assistance dogs).
Sea Sickness
It can happen to anyone on any tour. Please make sure you are prepared before your Tour – it is too late once you are on the vessel. We are unable to, and do not, supply seasickness tablets. No refunds are payable in the event you become seasick and cannot participate in certain activities or need to depart the Tour early. Please note that the vessel will not return if you become seasick. If you are subject to severe seasickness we recommend that you do not book a Tour.
Video & Photo Content
We will use reasonable efforts to record and make available to you video and photo content from the Tour. You may collect a USB containing this video and photo content from the Exmouth Dive & Whalesharks Ningaloo retail shop front at 13 Ross Street, Exmouth WA 6707 from 9:00am on the day following your Tour. We will retain the video and photo content for a period of three months from the date of your Tour, following which this data will be deleted. We accept no liability for your failure to collect the USB before this data is deleted.
You are not permitted to connect your own USB or device to our IT systems to copy the photos or video content.
Scuba and Free Dive Requirements
You must present a valid certification card to participate in scuba or free diving tours. If you have not logged a dive within the past 12 months, you may be required to complete a refresher session before joining your Tour. Please advise us at the time of making your Booking so this can be arranged. We reserve the right to refuse participation if these requirements are not met, and our cancellation terms will apply in such cases.
Change of Dive Locations
We reserve the right to alter dive site locations, reschedule or cancel dives, tours, or courses without notice due to weather, sea conditions, minimum participant numbers, or other operational factors.
Scuba and free dive site locations are subject to change based on prevailing conditions. While we make every effort to anticipate weather and plan accordingly, changes may be required for safety and operational reasons. No refunds will be provided for dive site changes. However, where a Muiron Islands trip is changed to a Ningaloo Reef trip, we will refund the price difference.
Behaviour
You must follow the reasonable directions of our (and our suppliers’) personnel. If you act in a manner that threatens the safety of yourself or others (including our (or our suppliers’) personnel, other passengers, or third parties), our representatives may, acting reasonably, prohibit you from commencing the Tour or may require you to sit out particular activities until you can be safely offloaded from the vessel. We will not be liable for any damage, loss or expense you incur in these circumstances. In addition, we will not be liable to make any refund of the Price.
Master’s Direction
You must perform and observe all lawful commands or directions of the Master or their delegate. If in the Master’s reasonable opinion, you are unfit to continue the Tour or may endanger the health or safety of others on board the vessel during the Tour, then the Master may in their reasonable discretion do any of the following things:
Neither the Master nor us nor any other personnel of ours will be liable for any damage, loss or expense you incur in these circumstances. In addition, we will not be liable to make any refund of the Price.
Medical Assistance
You acknowledge that there may be occasions where you require first aid or medical evacuation due to an accident, illness, injury or other health condition. You consent to our personnel providing you with first aid on the basis that: (a) our personnel are not qualified medical professionals; (b) we make no warranties and expressly disclaim all warranties regarding the standard of care that may be provided; and (c) to the fullest extent permitted by law we will not be liable (and neither will our personnel) for any care given or omitted. If you are unable to do so yourself, you consent to us seeking and securing any medical treatment and evacuation that we reasonably consider you require. You agree to reimburse us for any costs we incur in seeking medical treatment on your behalf.
General Safety
You must pay attention to the safety briefing given by instructors at the commencement of the Tour. You are advised and required to take particular care in conditions of inclement, rough or heavy weather or as advised by the crew.
To the fullest extent permitted by law, we will not be responsible for any loss or damage you suffer (including personal injury or death) resulting from your failure to utilise safety devices or caused by your unreasonable or unsafe actions.
Smoking
Smoking (including e-cigarettes or vaping) is not permitted onboard any vessel or vehicle.
Seatbelts
Where a vehicle, vessel or aircraft is equipped with seatbelts, you must always wear your seatbelt when in motion. To the fullest extent permitted by law, our liability to you for any personal injury, death or other damages or claims arising from an accident or incident involving a vehicle, vessel or aircraft you are travelling on as part of the Tour will be limited or excluded to the extent your failure to wear a supplied seatbelt contributed to or caused your injury or death.
No refunds will be made for of any Tour Services not utilised, whether by choice or because of late arrival or early departure. This includes the failure of commercial transport to operate according to schedule, which we disclaim responsibility for. This does not apply if the reason for your late arrival or early departure was due to our negligence.
Our Tours
To the extent only that we are the principal supplier to you of Tour Services which we directly control, operate or own then we will provide those Tour Services with reasonable skill and care.
We will only be responsible for our employees in the course of their employment, and for our agents and contractors (where we have direct control over them) if they were carrying out the work we had asked them to do.
We will not be responsible for any loss, damage, claim or expense caused by the acts or omissions of yourself, of any other third party not connected with the provision of the Tour Services, or due to an event of Force Majeure.
Third Party Tours
You agree that our responsibility to you for any Third Party Tours is limited to arranging for you to contract with the Third Party Tour Operator. You agree that you will be subject to the Third Party Tour Operator’s own booking conditions. Any claim in connection with the supply (or failure to supply) the Third Party Tour must be made directly against the Third Party Tour Operator. We will in no way be responsible for the actions, omissions or negligence of the Third Party Tour Operator or any person engaged by them to deliver the Third Party Tour.
Recreational Services
If we supply any Recreational Services to you, then to the maximum extent permitted by law we exclude any liability for death, physical injury or mental injury or any other liability referred to in section 139A(3) of the Competition and Consumer Act 2010 (Cth) resulting from our failure to comply with a guarantee that applies under Subdivision B of Division 1 of Part 3-2 of the Australian Consumer Law. This exclusion does not apply to significant personal injury caused by our reckless conduct.
You acknowledge that for the purposes of the Civil Liability Act 2002 (WA): (a) you engage in any recreational activity at your own risk; and (b) we are not liable for harm you suffer while engaged in a dangerous recreational activity if the harm is the result of the occurrence of something that is an obvious risk of that activity.
General liability limitation
We cannot guarantee our schedule. As a result, you should allow ample time for connections. We will not be responsible for any loss or additional expenses you incur for any missed connections/services attributable to delays.
Australian Consumer Law and corresponding legislation in State and Territory jurisdictions in certain circumstances imply mandatory guarantees into consumer contracts (“Consumer Guarantees”). These Booking Conditions do not exclude or limit the application of the Consumer Guarantees other than to the extent they can be excluded or limited, in which case we limit or exclude the Consumer Guarantees to the fullest extent permitted. Other than the Consumer Guarantees, we disclaim all warranties and guarantees.
To the fullest extent permitted by law, our maximum liability to you under these Booking Conditions, in tort (including negligence) or at law is limited to arranging for the Tour Services be resupplied or payment of the Price.
In the event of a problem with any aspect of your Tour Services you must tell us or make our representative or our local supplier aware of such problems as soon as possible. This is so we have the opportunity to put things right on the ground.
If you notify us of a problem during travel and we haven’t resolved it to your satisfaction, please follow this up in writing within 30 days from the end of your Tour. This is so we have the opportunity to pursue the claim with our own suppliers (if relevant). Notification of a complaint does not guarantee any particular outcome.
If you fail to follow this procedure, this may limit your rights to make a claim.
Any refunds payable by us under these Booking Conditions will be made as follows: (a) if you paid us directly with a credit or debit card, we will credit the same card with the refund unless you advise us that the card has expired or is no longer active; (b) if you paid us by direct bank transfer, we will pay the refund to a bank account notified by you; and (c) if you booked your Tour through a travel agent, then we will pay the refund to the travel agent. Please note that any card processing surcharge originally paid is not refundable.
If you place a booking on behalf of another party, you represent and promise us that you are duly authorised to provide the agreement and consent of the other party to be bound by these Booking Conditions. You agree that you will be responsible for any loss or damage we incur but would not have incurred had this been the case.
If the participant is under 18 years of age, their parent or legal guardian agrees to these Booking Conditions both on their own behalf and on behalf of the minor participant. The parent or legal guardian of that participant agrees to indemnify and hold us (and our directors, officers and employees) harmless from and against any claim, liability, loss, cost or expense arising from or in connection with the participant’s involvement in the Tour, to the extent that such claim would have been limited, excluded or otherwise barred had the participant been of legal age and capable of providing informed consent and agreeing to these participant conditions on their own behalf. The parent or legal guardian of a minor participant must also supervise that minor participant and ensure that minor participant is a competent swimmer and can safely participate in the Tour.
The Deluxe Whale Shark Swim Tour (1 March onward) and the Deluxe Mega Fauna Swim Tour (year-round) are subject to the in-water interaction terms.
We and our suppliers may take photographs or make recordings of you and your activities that identify you during the Tour. We reserve the right to use any images and/or recordings for promotional and marketing purposes. You consent to this use and acknowledge you will not be entitled to any payment or other compensation. If you do not consent to the use of your image or likeness, please advise us prior to the commencement of your Tour.
The contract between us and you is governed by the laws of the State of Western Australia. Any disputes shall be dealt with by a court with the appropriate jurisdiction in Western Australia.
If any provision of these Booking Conditions is found to be unenforceable, then to the extent possible it will be severed without affecting the remaining provisions.
Any personal information you provide to us will be collected, stored, used, protected and shared in accordance with Australian Privacy Principles (and foreign privacy laws, if applicable), and our Privacy Policy, which is published at https://www.journeybeyond.com/privacy-policy/.
If these Booking Conditions are published in a brochure, you acknowledge that information within the brochure is correct at the time of publication. However, some details may change including, but not limited to Prices, Tour Services and the associated itinerary. You acknowledge that photos we publish are representative of the Tour but may not reflect that exact experience.
We reserve the right to modify these Booking Conditions at any time without prior notice. We will publish amended Booking Conditions on our website (www.exmouthdiving.com.au). The amended Booking Conditions will be effective upon publication. The Booking Conditions that govern the contract between you and us are those Booking Conditions in effect at the time you make a Booking.
You may check Tour information, including Tour Pricing, Tour Services and the associated itinerary, prior to making a Booking Request by calling us on +61 8 6388 0111.
These Booking Conditions are effective and apply to all Bookings made from 8/09/2025.
Australian Consumer Law means the Australian Consumer Law set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth).
Booking means a request from you to book a Tour.
Booking Confirmation means a document issued by us to confirm acceptance of your Booking subject to these Booking Conditions.
Credit Note means a credit note issued by us redeemable within 12 months after issue against any services offered by us. Credit notes are not transferrable and not redeemable for cash. Redemptions will be subject to the booking conditions applicable to those services in effect at the time of redemption. Refunds will not be made for services cancelled by you after redemption.
Force Majeure means an event or events beyond the control of the parties and which the parties could not have reasonably prevented, and includes but is not limited to: (a) natural disasters (including not limited to flooding, fire, earthquake, landslide, volcanic eruption), adverse weather conditions (including hurricane or cyclone), high or low water levels; (b) war, armed conflict, industrial dispute, civil strife, terrorist activity or the threat of such acts; (c) epidemic, pandemic; (d) any new or change in law, order, decree, rule or regulation of any government authority (including travel advisories and restrictions).
Government Restrictions means any of the things specified in part (d) of the definition of Force Majeure.
Third Party Tour means a tour principally operated by a Third Party Tour Operator
Third Party Tour Operator means the principal of a Third Party Tour.
Tour means a tour which we sell as principal comprising Tour Services.
Tour Services means the travel arrangements and related services provided or arranged by us as part of your Tour, and may include, without limitation, boat transportation, guided activities, excursions, equipment hire, and other services incidental to the operation of the Tour.
Master means the person with ultimate authority for the operation of a vessel.
Medical Circumstances means your age and details of your swimming ability, snorkelling ability (as the context requires), whether you will require a floatation device during your Tour, whether you are taking any medication, whether you carry any emergency medication, whether you have any physical injuries that may affect you during the Tour (including, without limitation, back, knee or hip injuries), whether you are pregnant, whether you have had recent surgery (or, at the time of your Tour, will have had recent surgery), and any allergies, dietary preferences or dietary restrictions.
Price means the price for your Tour.
Recreational Services means services that consist of participation in the activities referred to in Section 139A of the Competition and Consumer Act 2010 (Cth), being participation in:
(a) a sporting activity or similar leisure time pursuit; or
(b) any other activity that:
Scuba Diving Qualifications means details of your scuba diving certification (e.g. PADI, NASDS, SSI or other), certification number, certification level, number of logged scuba dives and date of most recent scuba dive.
“We”, “us”, “our” and “Exmouth Dive & Whalesharks” means Wadjemup Trading Pty Ltd ACN 123 484 515 trading as Exmouth Dive & Whalesharks Ningaloo.
“You” and “your” means all persons named in a booking (including anyone who is added or substituted at a later date).
Now at 2 locations:13 Ross Street mall, Exmouth
Western Australia– Next to the Bakery
2 Pelias Street, Exmouth
Western Australia
