Please read and understand these Terms and Conditions prior to booking your tour. By booking a tour with Sail Ningaloo Pty Ltd ACN 138 962 571 (Sail 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 Sail Ningaloo whether in person, over the phone or via our website.
Reservations
A booking is only confirmed once we have established the requested tour date availability and a non-refundable deposit has been paid.
Guests choosing the double bed, twin share or triple share accommodation options are required to reserve for the number of guests equal to the room capacity at time of booking. Single occupancy may incur a supplementary rate.
Child rates are available for children between 7 – 15 years old, when sharing a stateroom cabin, with accompanying adults. Children occupying a separate cabin are charged at full rates.
Sail Ningaloo reservations staff can also 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, Sail 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 is 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.
Sail Ningaloo is not responsible for any expenses incurred by guests in preparing for this trip (including any additional services booked through Sail Ningaloo) such as airline tickets, transport and transfer arrangements, accommodation or special clothing.
Rates and Payment Terms
All rates are in Australian Dollars and inclusive of GST (Goods and Services Tax).
A 20% deposit is required which is non-refundable to secure a booking. Sail Ningaloo may in its absolute discretions hold a booking for up to 7 days. Sail Ningaloo does not accept a booking until such time as it is confirmed. Once a booking request has been received, we will email a payment request, with our payment options detailed within, including bank transfer details and an online link to pay via credit card. Either VISA, Mastercard or Amex payments are accepted, however all credit card and debit card payments incur a surcharge. Sail Ningaloo is not responsible for any bank charges, international transfer or exchange fees incurred by you when transmitting funds into our bank account.
Full payment is due by 30 days prior to your travel date, we will send you 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.
Sail Ningaloo Cancellations and Rescheduling
Sail Ningaloo reserves the right to cancel any booking before departure for any reason whatsoever which may make the trip inadvisable or unsafe. In such circumstances, Sail Ningaloo may offer Guests, at its absolute discretion, a:
- transfer to an alternative departure date (subject to availability);
- credit for the original value paid (credits are not redeemable for cash and additional costs may apply at the time of re-booking); or
- refund of any monies paid less any reasonable costs incurred by Sail Ningaloo.
The rights of the Guests under this clause are the Guests’ sole entitlements where Sail Ningaloo cancels an activity or tour and Sail Ningaloo is not liable for any other damages or incidental expenses that you may incur as a result of your booking.
Guest Cancellations
Notification of cancellation must be received in writing, preferably by email. Tour date amendments are classified as a cancellation. 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, we cannot guarantee refund of the travel agents deposit component.
No refund will be given in the event of non-arrival or Sail 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.
Government Requirements / COVID-19
Where a tour is cancelled or is unable to proceed due to any COVID-19 restrictions imposed by a Government (or any other authorising body) or such restrictions are extended or re-imposed, Sail Ningaloo will use its best endeavours to contact Guests about their tour in a timely manner. In such circumstances, Sail Ningaloo may offer Guests, at its absolute discretion, a:
- transfer to an alternative departure date (subject to availability); or
- credit for the original value paid (credits are not redeemable for cash and additional costs may apply at the time of re-booking).
Guests shall comply with all vaccination and or testing requirements and or directions by:
- the Government (Federal or State);
- Western Australian health authorities; or
- Sail Ningaloo, in relation to COVID-19 (or any other disease or virus), for entry into Western Australia or to access Sail Ningaloo’s premises, tours or services.
Guests must adhere to all reasonable and lawful requests of Sail Ningaloo, including but not limited to social distancing requirements and hygiene standards. Guests may be required to undertake a temperature test via a non-contact thermometer and or a COVID-19 test prior to commencing the tour and at any time during the tour. If a non-satisfactory result is returned or Guests refuse to comply with Sail Ningaloo’s requests, Sail Ningaloo is able to refuse entry to Sail Ningaloo’s premises or cancel the tour (including in circumstances where the tour has already commenced). All out of pocket expenses incurred by Guests as a consequence will be at Guests’ own expense. Guests shall not be entitled to any refund of any monies paid by Guests to Sail Ningaloo under these circumstances.
Where Guests are unable to meet any vaccination or testing requirements and or directions (including where any such requirements are introduced subsequent to the booking), Sail Ningaloo reserves the right to decline the booking, cancel the booking or refuse entry to Sail Ningaloo’s premises or participation in Sail Ningaloo’s tours, at Sail Ningaloo’s absolute discretion and at the Guests’ cost.
Where the provisions of this paragraph apply, Guests release and indemnify Sail Ningaloo from any liability, loss or damage, or any nature, that may occur to Sail Ningaloo or any other person, including but not limited to persons departing on the same tour. Such liability, loss or damage may include, but is not limited to, cancellation of the tour or any activity, serious illness or death of any other person or where other persons determined to cancel their tour.
Insurance and Liability
Guests should note that boating 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 Sail 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, Sail 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 or any reason out of the control of Sail Ningaloo. Insurance should also cover any medical conditions that may occur during carriage, and the associated extra costs of accessing medical care in this remote environment.
Special additional considerations for Scuba Diving activities
Please also observe our STRONG recommendation for additional Dive Evacuation Insurance if you will be or think you might be, participating in scuba diving activities whilst on tour with Sail Ningaloo. Scuba diving activities carry an additional risk and medical treatment can be costly. The closest Hyperbaric Chamber is approx. 1200km away.
Medical Information
It is a requirement of participation in a Sail 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 that will be, or think they might be, participating in scuba diving activities whilst on tour with Sail Ningaloo to complete our online PADI Dive Medical Questionnaire. We may also REQUIRE at times (although always recommend) that guests wishing to scuba dive or participate in a scuba diving course 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. Sail Ningaloo reserves the right to refuse scuba diving activity requests on board.
Any information provided will be treated with the utmost privacy.
Cuisine and Dietary Requirements
If you have any allergies, intolerances or special dietary requirements, you MUST advise us well in advance (at least 1 month 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.
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.
We prefer that shoes are not worn on board for safety reasons – bare feet are much more ‘sure-footed’ in a small ship environment. However, if you do choose to wear shoes on board please bring white soled shoes.
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 Sail Ningaloo’s crew onboard will become Sail 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 Sail Ningaloo that you use for social media or other marketing purposes must be credited to Sail Ningaloo, using the appropriate social handle and name of the business.
Wildlife Sightings
Reference made to sightings of any specific marine creatures or wildlife is not guaranteed due to the unpredictable nature of wildlife watching.
Liability and Privacy
To the extent permitted by law, Sail 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 Sail 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 Sail Ningaloo. In the event of breach of any of these terms by Sail Ningaloo, or a failure in whole or in part to provide any service that Sail 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 Sail Ningaloo, or alternatively part value of the service where there was partial performance of the service or obligation by Sail Ningaloo. Any liability shall be assessed by Sail 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 (Cth).
Any personal information that we collect about you will be handled in accordance with our obligations under any applicable privacy law and may be used for any purpose associated with the operation of a booking. In making this booking you consent to this information being passed on to the relevant persons such as our agents, service providers or other suppliers to enable us to operate the tour or, if permitted by any relevant laws, to send you marketing material in relation to our events and special offers.
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.
Updated as at 27th July 2023
