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 asked 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.
Participants are solely responsible for all costs incurred during an emergency, including medical expenses, evacuations, and transportation. One With Whales is not liable for these costs under any circumstances.
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 relevant medical conditions, disabilities, or special requirements before booking. Failure to do so may result in denial of participation without refund, particularly if the condition presents safety concerns.
5. Changes to Itinerary
5.1 Participant-Initiated Changes
Requests to modify your booking (such as date changes, transfers, or other alterations) are subject to availability and may incur additional costs. Deposits (trip sign-up fees) are non-transferable by default. However, we will do our best to accommodate reasonable requests and make exceptions when feasible.
5.2 Provider-Initiated Changes
We reserve the right to modify itineraries in good faith due to weather, safety concerns, regulatory changes, or logistical constraints. These changes do not constitute grounds for a refund. While we strive to minimize disruptions, our expeditions take place in remote environments where last-minute changes may occasionally be necessary and are often outside our control.
5.3 Accommodation Substitutions
In rare cases, unforeseen issues such as infrastructure problems, conflicts with property owners, or human error 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 guest has paid for a single supplement or a room upgrade and a private room or equivalent upgraded room is not provided due to circumstances beyond our control, the guest will receive a refund of the single supplement and or upgrade fee. This does not apply to voluntary group room changes or last-minute changes requested by the guest.
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.
7. 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 such as weather, sea conditions, and animal behavior may affect outcomes. Participation in the trip constitutes acknowledgment of this inherent uncertainty and does not entitle participants to refunds or compensation in the event of limited or absent sightings.
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. 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 is offered as a courtesy and does not apply to bookings made within 60 days of the trip start date, or if the booking involves custom arrangements or third-party services already committed on your behalf.
10. Photography & 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 or editorial purposes, unless otherwise requested. This may include use in future marketing campaigns, website materials, or public presentations. If you prefer not to appear in published media, you must notify us in writing prior to the start of your trip.
11. Data Handling Clause
Your personal information is collected and stored securely in accordance with applicable data protection laws. It is never sold or shared, and is used solely for the purposes of managing your booking and maintaining communication with you.
12. Jurisdiction and Governing Law
These terms are governed by the laws of the Province of British Columbia, Canada. In the event of a dispute, jurisdiction will be the courts of British Columbia, Canada.