Terms and Conditions: One With Whales

Welcome to One With Whales. By booking a trip with us, you agree to the terms and conditions outlined below. These terms ensure clarity and mutual understanding for a seamless experience.

1. Booking and Payments

1.1 Deposit and Balance Payment:

  • A non-refundable, non-transferable deposit is required to secure your booking.

  • Balance payments are due 4 months before the trip start date. Invoices will be sent at that time and are payable within 2 weeks of receipt.

1.2 Payment Methods:

  • Payments are processed in USD. Credit card fees are covered by One With Whales. We accept payments via Visa and Mastercard.

  • Wire transfers are accepted upon request, but all wire transfer fees are the responsibility of the sender.

1.3 Late Payments:

  • Late payments may result in a penalty and/or forfeiture of your booking. If payment is not received within a reasonable timeframe and communication is lacking, we reserve the right to reallocate your spot.

1.4 Credit Card Chargebacks:

  • By making a payment, you agree to our terms. Chargebacks filed through your credit card provider are not permitted for reasons covered in our cancellation policy. Improperly filed chargebacks will be contested, and we reserve the right to recover associated costs, including legal fees.

2. Cancellation and Refund Policy

2.1 Cancellation by Participant:

Refunds, if applicable, are calculated from the balance payment only (total cost minus the deposit).

  • Cancel before balance is paid: Deposit is forfeited.

  • Cancel 90+ days before the trip start date: 50% of the balance is refunded.

  • Cancel 60-89 days before the trip start date: 30% of the balance is refunded.

  • Cancel less than 60 days before the trip start date: No refund.

2.2 Cancellation by One With Whales:

  • If we cancel your trip due to unforeseen circumstances, we will refund all fees paid to us.

  • We are not liable for non-refundable expenses incurred outside our services (e.g., flights, travel insurance, accommodations, visas, etc.).

2.3 Force Majeure and Unforeseen Events:

  • In the event of acts of God, government actions, pandemics, natural disasters, or other situations beyond our control, we will attempt to reschedule the trip or provide a refund of fees paid to us, minus unrecoverable costs.

2.4 Refund Timeline:

Refunds, when applicable, will be processed within 30-60 days of cancellation.

3. Travel Insurance

Travel medical insurance is mandatory for all participants. Coverage must include, at a minimum:

  • Freediving, snorkeling, and other aquatic activities.

  • Hiking and outdoor activities.

  • Emergency evacuation and medical expenses.

Participants are required to bring a printed copy of their insurance policy and present it to the guide upon arrival. This allows our team to assist you efficiently in case of an emergency.

Please note: Any expenses incurred during an emergency, including medical costs or evacuations, are the sole responsibility of the participant.

4. Liability and Assumption of Risk

4.1 Acknowledgment of Risk:

Participation in our trips involves inherent risks, including but not limited to:

  • Marine activities, physical exertion, and interaction with wildlife.

  • Travel in remote areas with limited medical facilities.

By booking, you acknowledge these risks and release One With Whales, its employees, and affiliates from liability for injuries, illnesses, accidents, or losses occurring during the trip.

4.2 Participant Responsibility:

Participants must disclose any medical conditions or special requirements before booking. Failure to do so may result in denial of participation without a refund.

5. Changes to Itinerary

5.1 Participant-Initiated Changes:

Requests to modify your booking are subject to availability and may incur additional costs.

5.2 Provider-Initiated Changes:

We reserve the right to modify itineraries due to safety, weather, or operational considerations. Such changes do not constitute grounds for refunds unless they significantly alter the nature of the trip.

6. Behavior and Compliance

Participants are expected to follow instructions from our guides and respect local laws, wildlife, and cultures. Behavior that endangers others or disrupts the trip may result in removal without refund.

8. Credit Card Chargebacks

8.1 Disputes and Resolutions:

  • By agreeing to these terms, you waive your right to file a chargeback for disputes covered by our cancellation and refund policies.

  • Improperly filed chargebacks will be contested, and we reserve the right to recover costs, including legal and administrative fees.

8.2 Communication First Policy:

  • Should you have concerns or disputes, please contact us first to resolve the matter amicably.

9. Jurisdiction and Governing Law

These terms are governed by the laws of Canada (federal). In the event of a dispute, jurisdiction will be the courts of British Columbia, Canada.