Terms of Use

1. Agreement to Terms

Welcome to Ocean Encounters. These Terms of Use govern your use of our website, mobile applications, and services (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, please do not use our Services.

These Terms of Use constitute a legally binding agreement between you and Ocean Encounters regarding your use of the Services. We may update these Terms of Use from time to time. Your continued use of the Services following any such update constitutes your agreement to the revised Terms.

2. Booking and Cancellation Policy

All bookings are subject to availability and confirmation. A booking is confirmed once you have received a confirmation email from Ocean Encounters. Payment in full is required to secure your booking.

Cancellation Policy:

• Cancellations made 7 or more days prior to the scheduled tour date are eligible for a full refund.
• Cancellations made between 3-6 days prior to the scheduled tour date are eligible for a 50% refund.
• Cancellations made less than 3 days prior to the scheduled tour date are not eligible for a refund.
• In the event that Ocean Encounters cancels a tour due to unsafe weather conditions or insufficient bookings, you will be offered a full refund or the option to reschedule.

3. Safety Requirements and Conditions

All participants must adhere to safety instructions provided by Ocean Encounters staff at all times. Ocean Encounters reserves the right to refuse service to anyone who, in our judgment, poses a safety risk to themselves or others.

Participants must disclose any medical conditions that may affect their ability to safely participate in the tour. Pregnant women, individuals with heart conditions, back problems, or other serious medical conditions should consult with a physician before booking a tour.

Children under the age of 18 must be accompanied by an adult. Life jackets are provided and must be worn by all participants under the age of 12 and by anyone who cannot swim.

4. Wildlife Viewing Guidelines

Ocean Encounters is committed to responsible wildlife viewing practices. All tours adhere to Australian guidelines for whale watching, which include maintaining a minimum distance of 100 meters from adult whales and 300 meters from mother-calf pairs.

While we strive to provide memorable wildlife encounters, we cannot guarantee specific sightings. Wildlife viewing is dependent on natural factors outside of our control, including migration patterns, weather conditions, and animal behavior.

5. Intellectual Property

All content on the Ocean Encounters website and materials, including but not limited to text, graphics, logos, images, audio clips, and software, is the property of Ocean Encounters or its content suppliers and is protected by Australian and international copyright laws.

You may not reproduce, distribute, display, or transmit any content from our Services without the prior written permission of Ocean Encounters, except for personal, non-commercial use.

6. User-Generated Content

By submitting reviews, photos, or other content to Ocean Encounters, you grant us a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media.

You represent and warrant that you own or control all rights to the content you submit, that the content is accurate, and that use of the content you supply does not violate these Terms of Use and will not cause injury to any person or entity.

7. Limitation of Liability

Ocean Encounters shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from:

1. Your use of or inability to use our Services;
2. Any unauthorized access to or use of our servers and/or any personal information stored therein;
3. Any interruption or cessation of transmission to or from our Services;
4. Any bugs, viruses, trojan horses, or the like, which may be transmitted to or through our Services by any third party;
5. Any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Services.

8. Indemnification

You agree to defend, indemnify, and hold harmless Ocean Encounters, its officers, directors, employees, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:

1. Your use of and access to the Services;
2. Your violation of any term of these Terms of Use;
3. Your violation of any third-party right, including without limitation any copyright, property, or privacy right;
4. Any claim that your content caused damage to a third party.

This defense and indemnification obligation will survive these Terms of Use and your use of the Services.

9. Governing Law

These Terms of Use and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Victoria, Australia, without regard to its conflict of law provisions.

Any disputes arising under or in connection with these Terms of Use shall be subject to the exclusive jurisdiction of the courts located within Victoria, Australia.

10. Changes to Terms

Ocean Encounters reserves the right, at our sole discretion, to modify or replace these Terms of Use at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Services following the posting of any changes to these Terms of Use constitutes acceptance of those changes.

11. Contact Us

If you have any questions about these Terms of Use, please contact us at: