Terms and Conditions:
One With Whales
Welcome to One With Whales Expeditions Inc., operating as One With Whales. By booking a trip with us, you agree to the terms and conditions outlined below. Please read carefully and in full before booking. These terms form a legally binding agreement between you and One With Whales Expeditions, Inc.
1. Booking and Payments
1.1 Deposit and Balance Payment
A non-refundable, non-transferable deposit is required to secure your booking. The deposit amount is specified on your booking invoice. 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 processing fees are covered by One With Whales. We accept Visa and Mastercard. Wire transfers are accepted upon request and all wire transfer fees are the responsibility of the sender. We actively encourage wire transfer or bank transfer payments where possible.
1.3 Statement Descriptor
Charges will appear on your credit card statement as "ONE WITH WHALES" along with your booking confirmation number. If you have any questions about a charge, please contact us directly before initiating any dispute with your card provider.
1.4 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 without further notice.
1.5 Credit Card Chargebacks
By making a payment and agreeing to these terms, you acknowledge that you have reviewed and accepted our cancellation and refund policy. Chargebacks filed for reasons covered by our cancellation policy are not a valid dispute mechanism and will be contested. We reserve the right to recover all associated costs including legal and administrative fees. If you have a concern about a charge, please contact us directly first — we are committed to resolving disputes fairly and promptly.
2. Cancellation and Refund Policy
2.1 Cancellation by Participant
Refunds, if applicable, are calculated from the balance payment only (total cost minus the non-refundable deposit).
Cancel before balance is paid: Deposit is forfeited.
Cancel 90+ days before trip start date: 50% of the balance is refunded.
Cancel 60–89 days before trip start date: 30% of the balance is refunded.
Cancel less than 60 days before 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 directly to us. We are not liable for any non-refundable expenses incurred outside our services including flights, travel insurance, accommodations, visas, or other third party costs.
2.3 Force Majeure and Unforeseen Events
In the event of acts of God, government actions, pandemics, natural disasters, wildlife authority restrictions, marine or aviation authority closures, civil unrest, or any other circumstance genuinely beyond our reasonable control ("Force Majeure Event"), One With Whales shall not be liable for any failure or delay in performing its obligations. In such circumstances, we will notify you as soon as reasonably practicable and will offer one of the following at our discretion: a rescheduled trip of equivalent value, a credit toward a future trip, or a refund of fees paid to us minus any unrecoverable costs already committed on your behalf at the time of the Force Majeure Event. One With Whales is not liable for any consequential, indirect, or incidental losses including but not limited to flights, accommodation, visas, travel insurance, or other expenses booked independently. Participant travel insurance is the appropriate mechanism for recovering such losses and is required as a condition of booking.
2.4 Refund Timeline
Refunds, when applicable, will be processed within 30–60 days of cancellation confirmation.
3. Travel Insurance
Travel medical insurance is mandatory for all participants as a condition of booking. At minimum, coverage must include freediving, snorkeling, and aquatic activities; hiking and outdoor activities; and emergency evacuation and medical expenses. For trips that include scuba diving, participants must have insurance that explicitly covers scuba diving.
Participants are solely responsible for ensuring their insurance is active, adequate, and accessible during the trip. One With Whales does not verify or administer participant insurance documentation. All costs incurred during a medical emergency — including treatment, evacuation, and transportation — are solely the participant's responsibility. One With Whales bears no financial responsibility for these costs under any circumstances.
4. Minimum Age
Participation in One With Whales trips requires participants to be a minimum of 19 years of age, in accordance with the age of majority in British Columbia, Canada. Participants under 19 may be considered at the sole discretion of One With Whales on a case-by-case basis, provided a parent or legal guardian is present for the full duration of the trip and has executed all required documentation. One With Whales reserves the right to decline participation to any minor without refund obligation if adequate arrangements cannot be confirmed prior to departure.
5. Health and Fitness
Participants must be in good physical health and be competent, confident swimmers capable of the physical demands of the trip. Participants must disclose any relevant medical conditions, disabilities, or physical limitations before booking. Failure to disclose may result in denial of participation without refund, particularly where the condition presents a safety concern. One With Whales reserves the right to exclude any participant from any activity at any time on safety grounds, without refund obligation for activities missed as a result.
6. Liability, Third Party Operators, and Assumption of Risk
6.1 Acknowledgment of Risk
Participation in our trips involves inherent risks including but not limited to marine activities, physical exertion, interaction with wild cetaceans and other wildlife, and 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.
6.2 Third Party Operators
One With Whales acts solely as a trip organizer and coordinator. All local boat operators, vessel captains, guides, drivers, accommodation providers, and activity operators are independent third party service providers. One With Whales does not own, operate, or control these third parties and accepts no responsibility or liability for their acts, omissions, negligence, or default. By booking, you acknowledge and accept this arrangement.
6.3 Limitation of Liability
To the fullest extent permitted by law, the maximum liability of One With Whales for any claim arising from a trip shall not exceed the total trip fee paid by the participant to One With Whales.
7. Changes to Itinerary
7.1 Participant-Initiated Changes
Requests to modify your booking are subject to availability and may incur additional costs. Deposits are non-transferable by default. We will make reasonable efforts to accommodate requests where feasible.
7.2 Provider-Initiated Changes
We reserve the right to modify itineraries in good faith due to weather, safety concerns, wildlife conditions, regulatory changes, or logistical constraints. These changes do not constitute grounds for a refund. Our expeditions operate in remote environments where last-minute changes are sometimes necessary and beyond our control. This includes the modification of our staff, including guides, trip leaders, organizers and other personnel.
7.3 Accommodation Substitutions
In rare cases, unforeseen issues may require a change in lodging. We will always provide a suitable alternative and communicate transparently. These substitutions do not constitute grounds for a refund. However, if a participant has paid a single supplement or room upgrade and an equivalent cannot be provided due to circumstances beyond our control, that specific fee will be refunded. This does not apply to voluntary changes or last-minute changes requested by the participant.
8. Behavior and Compliance
Participants are expected to follow instructions from our guides at all times and to respect local laws, wildlife, and cultures. Behavior that endangers others, disrupts the trip, or violates local customs or wildlife guidelines may result in immediate removal without refund, at the sole discretion of the Trip Leader, Local Hosts, and/or One With Whales Directors.
9. Wildlife Sightings
While our expeditions are carefully timed and structured to maximize the likelihood of in-water whale encounters, sightings and interactions with wildlife can never be guaranteed. Environmental factors including weather, sea conditions, wildlife migration patterns, and animal behavior may affect outcomes. Participation constitutes full acknowledgment of this inherent uncertainty. No refunds or compensation will be provided in the event of limited or absent wildlife sightings or interactions regardless of circumstances.
10. Change of Mind / Cooling-Off Period
If you change your mind after booking, we offer a 24-hour grace period during which you may cancel for a full refund minus a 4% credit card processing fee (2% for Canadian cards), provided your trip start date is more than 60 days away. After this window, our standard cancellation policy applies. This policy does not apply to bookings made within 60 days of the trip start date or where custom arrangements or third party services have already been committed on your behalf.
11. Photography and Media Use
By participating in our expeditions, you grant One With Whales the right to use photographs and video footage taken by our team or affiliated photographers for educational, promotional, social media, and editorial purposes. If you do not wish to appear in published media, you must notify us in writing prior to the trip start date.
12. Data Handling
Your personal information is collected and stored securely in accordance with Canada's Personal Information Protection and Electronic Documents Act (PIPEDA) and applicable BC privacy legislation. Your information is never sold or shared with third parties and is used solely for managing your booking and maintaining communication with you. You may request access to or deletion of your personal data at any time by contacting us directly.
13. Dispute Resolution
If you have a concern or dispute arising from your booking or trip, we ask that you contact us directly in the first instance. We are committed to resolving disputes fairly, promptly, and in good faith. Nothing in these terms limits your statutory rights as a consumer under applicable BC or Canadian law.
14. Severability
If any provision of these terms is found to be unenforceable under applicable law, the remaining provisions shall continue in full force and effect.
15. Governing Law and Jurisdiction
These terms are governed by the laws of the Province of British Columbia, Canada. Any disputes not resolved directly between the parties shall be subject to the jurisdiction of the courts of British Columbia, Canada.
16. Acceptance
By completing your booking and checking the acceptance box on our booking form, you confirm that you have read these terms in full, understand them, and agree to be bound by them. A copy of these terms will be provided to you at the time of booking and is available on our website at all times.