Terms & Conditions
Version 2026.1, effective date August 20, 2026.
These Terms and Conditions apply to bookings made on or after the effective date above. Bookings confirmed before that date are governed by the version of these Terms in effect at the time of booking, in accordance with section 20.
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.
Why the deposit is non-refundable. Securing your place commits us immediately. We pay deposits and advance costs to boats, vessels, lodges, permit authorities and local partners far ahead of departure — often many months before, and long before your balance is due — and we carry planning, staffing and administrative costs from the moment you book. Holding a place for you also means declining it to someone else. These commitments are made in order to run the expedition as a whole, are not recoverable, and the deposit is not calculated by reference to the costs of any individual booking. The only exception is the 24-hour grace period described in section 10.
Balance payments are due on the date stated on your invoice, which is normally around 3 months before the trip start date. Balance invoices are usually issued about 4 months before departure, with payment terms of 14 or 30 days as set out on the invoice itself. Where you have used our automatic balance payment option, payment is scheduled to be taken approximately 3 months before the trip start date.
For bookings made close to departure, we may require full payment at the time of booking.
We will send a reminder if an invoice remains unpaid.
1.2 Payment Methods
Card payments are processed in USD. We accept Visa and Mastercard, and credit card processing fees are covered by One With Whales.
Bank wire and Wise. If you would prefer to pay by bank wire or by Wise transfer, let us know and we will invoice you that way in place of card payment. We accept wire and Wise payments directly in USD and EUR. Because these payments save us the card processing cost, we pass that saving on to you:
1.5% discount on payments made by wire in USD
1% discount on payments made by wire in EUR
Where an invoice is issued in EUR, the amount is calculated at the exchange rate applying on the date the invoice is issued.
All wire transfer fees, including any intermediary bank charges, are the responsibility of the sender. We actively encourage wire or bank transfer payments where possible.
1.3 How Payments Appear on Your Statement
Card payments appear on your statement as ONE WITH WHALES.
Payments made by Wise or bank transfer appear as a transfer to One With Whales Expeditions Inc.
If you do not recognise a charge, or have any question about one, please contact us before initiating a dispute with your card provider — see section 16 for how to reach us. We will always help you identify a payment.
1.4 Late Payments
Overdue balances may attract a late payment charge, which we will notify to you before applying it.
If payment is not received by the due date and we have been unable to reach you, we reserve the right to treat the booking as cancelled and to reallocate your spot. Where that happens, section 2.1 applies.
1.5 Credit Card Chargebacks and Payment Disputes
By making a payment and agreeing to these Terms, you confirm that you have reviewed and accepted our cancellation and refund policy and the description of your trip on its trip page.
Please contact us first. If you have any concern about a charge, or about the trip you have paid for, you must contact us in writing (see section 16) and allow us 14 days to respond before initiating a dispute with your card issuer or bank. This is a condition of these Terms.
We will contest any dispute filed in respect of amounts properly due under these Terms — including where the trip has been provided, where our cancellation policy applies, or where the concern raised was resolved during the trip. We reserve the right to recover all associated costs, including legal, administrative and bank fees, and to pursue any balance remaining due as a debt.
Nothing in this section prevents you from exercising rights you have under applicable law, or from disputing a charge you did not authorise.
1.6 Prices, Places and Add-Ons
The price you pay is the price shown for your trip and room type at the time you book. Prices vary between departures and between group sizes, and promotional or early-booking rates may apply for a limited period.
Your price is fixed once your booking is confirmed, subject only to the government fee provision below. It is not affected by prices offered on other departures, at other times, or to other participants. Where a trip does not fill to its advertised group size, the price remains as booked.
Government, permit and regulatory fees. Permit fees, park and conservation charges, marine reserve fees, taxes and port dues are set by governments and local authorities, not by us. They can change at any time, sometimes substantially and sometimes close to departure, and we have no control over them or over when they are announced.
Where a trip page shows a permit or government fee as a separate item, you pay that fee at cost. We do not add a margin to it. If the authority changes the fee before your trip, the amount you pay changes with it — upwards or downwards — because it is their charge, not ours.
Where such a fee is included in your trip price rather than shown separately, and it increases after your booking is confirmed, we may pass that increase on to you.
In either case we will notify you in writing as soon as we are able, tell you what has changed, and show you the basis for it. Any additional amount is payable within 14 days of that notice.
Your right to withdraw. If the total additional amount we ask you to pay exceeds 10% of your trip price, you may instead cancel your booking and receive a full refund of everything you have paid us — including your deposit, and without the processing fee in section 2.1. Please tell us which you have chosen within 14 days of our notice.
We will not pass on any increase within 30 days of your trip start date. If these costs decrease before departure, we will pass the saving back to you in the same way.
Extensions, add-ons and optional activities purchased alongside a trip are subject to these same Terms, including the cancellation and refund provisions in section 2.
2. Cancellation and Refund Policy
2.1 Cancellation by Participant
Refunds, if applicable, are calculated from the balance payment only. The deposit is non-refundable and non-transferable in all cases.
Cancel before the balance has been paid: the deposit is forfeited, and nothing further is owed by you.
Cancel 90 or more days before the trip start date, where you have already paid the balance: the full balance is refunded.
Cancel 60–89 days before the trip start date: 50% of the balance is refunded.
Cancel less than 60 days before the trip start date: no refund.
All refunds under this section are subject to a processing fee, deducted from the amount refunded. The fee depends on how the payment was originally made:
International (non-Canadian) credit cards: 4.5%
Canadian credit cards: 3.5%
Wire, Wise or bank transfer: USD $30, or the equivalent in the currency of the refund, plus 2%
These reflect the card, banking and currency costs we incur in issuing a refund, which vary by payment method and by country, together with the administrative work involved in processing it.
These fees do not apply where we cancel a trip — see section 2.2.
2.2 Cancellation by One With Whales
We may cancel a trip for any reason. If we do, we will refund all fees paid directly to us in full. The refund processing fees described in section 2.1 do not apply — where the cancellation is ours, we absorb that cost.
Where a cancellation arises from a Force Majeure Event, section 2.3 applies instead of this section.
Some trips require a minimum number of participants to operate. Where that applies, the minimum will be stated on that trip's page. If the minimum is not met, we may cancel the trip, reschedule it, or offer you the option of proceeding on revised terms.
We are not liable for any non-refundable expenses incurred outside our services, including flights, travel insurance, accommodation, visas, vaccinations, equipment, time booked away from work, or other third party costs. Our total liability in the event of a cancellation by us is limited to the fees you have paid directly to One With Whales. This is one of the reasons we require travel insurance.
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 Unused Services and Early Departure
No refund or credit is due for any part of a trip you do not use, including boat sessions, meals, accommodation nights, land activities or transfers, whether because you choose not to take part, arrive late, or leave the trip early.
If you leave a trip before it ends, for any reason, you are responsible for your own onward travel, accommodation and associated costs from that point, and no refund is due for the remainder of the trip.
2.5 Refund Timeline
Refunds, when applicable, are processed within 30 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, snorkelling 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.
Please bring a copy of your policy. We ask every participant to give their guide a copy of their policy on arrival — printed, or saved offline on your phone. This is not a condition of participation, but please understand why we ask. In an emergency, in a remote location, your policy details are what allow us to arrange evacuation or treatment on your behalf. Without them, our ability to help you is significantly limited, and we accept no responsibility for delays or difficulties that result.
You are solely responsible for ensuring your insurance is active, adequate and accessible for the duration of your trip. We do not verify or administer participant insurance documentation. All costs incurred during a medical emergency — including treatment, evacuation and transportation — are solely your responsibility.
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, which include full days on small boats and, on some trips, hiking and walking on uneven ground.
Participants must disclose any relevant medical conditions, disabilities, physical limitations, allergies or dietary requirements before booking.
Please note: failure to disclose a relevant condition 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.
Food and dietary requirements. Meals on our trips are often prepared by local families and partners in remote locations where substitutions and specialist ingredients may not be available. We will always pass your requirements on to our hosts and partners and make a genuine effort to accommodate them, but we cannot guarantee that specific dietary requirements, allergy needs or food preferences can be met.
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 and in-water activities, boat travel, physical exertion, interaction with wild cetaceans and other wildlife, hiking and walking on uneven or coastal terrain, road and small-boat transfers, visits to cultural and village sites, food prepared in remote locations, 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 — except in cases of gross negligence or wilful misconduct, which cannot be waived at law.
Participants are also required to execute a separate Waiver of Liability and Hold Harmless Agreement prior to participation, either by electronic acknowledgment or by signed waiver before the trip start date. Where a participant has not completed the waiver, we may decline participation, and section 2.1 applies.
6.2 Third Party Operators
One With Whales acts as a trip organiser and coordinator. Local boat operators, vessel captains, guides, drivers, accommodation providers and activity operators are independent third party service providers whom we select and engage on your behalf.
We take reasonable care in selecting and engaging these providers. We are not liable for the independent acts, omissions or negligence of a third party provider, or for loss you suffer that is caused by them rather than by us, except to the extent that liability cannot be excluded under applicable law.
Where a third party provider's own terms, conditions of carriage or waivers apply to an element of your trip, those terms apply to that element in addition to these Terms.
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.
6.4 Scope of Remedies
Where a specific element of a trip is not provided, or differs materially from its description on the trip page, any remedy is limited to the value of that element, calculated on the basis of its itemised cost within the total trip price.
The provision of one element that differs from its description does not entitle you to a refund of, or a reduction in, the balance of the trip fee in respect of elements that were provided as described.
Where we provide a substitute, upgrade or other remedy at no additional charge, that remedy is taken into account in determining whether any further amount is due.
This section is subject to section 6.3 and does not limit any statutory rights you have as a consumer.
7. Changes to Itinerary and Booking
7.1 Participant-Initiated Changes
Requests to modify your booking are subject to availability and may incur additional costs. We will make reasonable efforts to accommodate requests where feasible. Transfers to another person are dealt with in section 7.4.
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.
Where local regulations limit the number of participants permitted in the water at one time, in-water time is rotated among the group. The order, timing and length of each in-water session are managed by your guide and captain in accordance with those regulations and the behaviour of the animals, and are not guaranteed to be equal between participants on any given day. See section 12 for how regulation and its enforcement affect our operations.
Land activities, cultural visits and excursions described on the trip page are indicative. Their number, order and content may vary with weather, tides, community availability and local circumstances.
7.3 Accommodation, Rooms and Allocation
Accommodation is as described on the trip page for your expedition. Unless the trip page states otherwise, participants stay in shared rooms.
Room types, bed configurations and bathroom arrangements are indicative and are not guaranteed. Actual configurations may differ from photographs or descriptions and may vary between rooms in the same property. We operate in remote locations where accommodation is not standardised.
Where you have booked a shared room, we allocate rooms and roommates at our discretion, taking into account group composition, gender and any needs you have disclosed to us. Rooms differ, and participants on the same trip may be accommodated differently. Allocation is not determined by price paid or by previous travel with us.
Single supplements are offered on some trips in limited numbers. Availability varies by departure and depends on factors including the gender balance of the group and our staffing needs. Where a single supplement is available it can be purchased at the rate shown at the time of booking; where it is not shown, it is not available for that departure. If a single room becomes available later we will offer it to anyone who wishes to take it, and where a single room remains unoccupied it may be assigned at our discretion.
We reserve the right to change room allocations at any time, including during a trip. If you have purchased a single supplement and we are unable to provide equivalent single accommodation for reasons beyond our control, we will refund that supplement in full. No further compensation is due.
In rare cases, unforeseen issues may require a change of lodging. We will always provide a suitable alternative and communicate transparently. Such substitutions do not constitute grounds for a refund, and this applies equally to changes you request yourself or make voluntarily during the trip.
If accommodation matters to you, please raise it with us before booking and we will tell you honestly what to expect.
7.4 Transfers and Name Changes
Deposits and bookings are non-transferable.
We may, at our sole discretion, permit a booking to be transferred to another person. Where we agree to a transfer, it is conditional on the incoming participant completing our application form, meeting the requirements for that trip, accepting these Terms and the Waiver of Liability and Hold Harmless Agreement, and paying any supplier or administrative costs arising from the change. Agreeing to one transfer does not oblige us to agree to another.
8. Participant Conduct and Operator Authority
Participants must follow the instructions of guides, crew, and operators at all times and are expected to respect local laws, permit conditions, wildlife, and cultural practices. The operator retains full authority to modify, restrict, or terminate any activity for reasons including safety, environmental protection, regulatory compliance, or operational considerations.
Where a participant's behaviour endangers themselves or others, breaches safety instructions, breaches permit conditions or local law, causes harm to or disturbance of wildlife, or seriously disrupts the trip for other participants, we may remove that participant from any activity or from the expedition.
Where we remove a participant on these grounds, no refund is due for any part of the trip, and the participant is responsible for their own onward travel, accommodation and associated costs from that point. We will exercise this right reasonably and proportionately, and only where the conduct is serious or has continued after being raised with the participant. Decisions made by the operator in the field, on safety or wildlife grounds, are final.
9. Wildlife Sightings
Wildlife is wild, and nature experiences are never guaranteed.
While our expeditions are carefully timed and structured to maximise the likelihood of in-water whale encounters, no sighting, interaction, specific species, behaviour or photographic opportunity can be guaranteed. Environmental factors including weather, sea conditions, wildlife migration patterns and animal behaviour 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 — including your deposit — less the applicable refund processing fee described in section 2.1, 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. Legal & Regulatory Compliance
All participant and production activities must comply with all applicable local laws, regulations, and permit conditions in the country of operation. One With Whales Expeditions Inc. operates under specific government permissions and guidelines, which may restrict certain activities, equipment, or in-water interactions. Any activity that falls outside these conditions may be modified or stopped at the sole discretion of the operator.
Regulations are set by others, not by us. The rules governing in-water wildlife interaction, permitted group sizes, session lengths, vessel operation and access to sites are made and enforced by government authorities and local agencies. They can change at short notice, including while a trip is under way, and enforcement can vary between departures and between individual officials. We do not control these rules or how they are applied.
The captain has final authority. Where regulations require it, the captain of the vessel has final authority over operations, including how many participants may enter the water, when, and for how long. We defer to that authority in all cases.
Changes arising from regulation or its enforcement — including changes to rotation, session numbers or length, permitted activities, equipment or site access — are outside our control and are not grounds for a refund or compensation. We will always work to mitigate the impact and to deliver as much of the intended experience as the rules allow.
12.1 Passports, Visas and Entry Requirements
You are responsible for ensuring that you hold a valid passport and any visas, permits, vaccinations or other documentation required for entry to and exit from the countries on your itinerary, and for meeting any airline or carrier requirements.
Requirements vary by trip and by nationality and can change at short notice. Where a specific document is required for a trip we will say so on the trip page, but it remains your responsibility to verify your own requirements.
If you are denied boarding, entry or participation because you do not hold the required documentation, we treat this as a cancellation by you and section 2.1 applies.
13. Wildlife Interaction Guidelines
All interactions with marine life must be conducted in a respectful and non-intrusive manner. Any behaviour that may intentionally or unintentionally disturb, pursue, chase, pressure, or otherwise alter the natural behaviour of wildlife is strictly prohibited. The operator reserves the right to immediately restrict or terminate in-water activities if such behaviour is observed, without refund.
14. Equipment and Technical Compliance
Participants, including but not limited to tourists, guests, photographers, videographers, and production teams, are solely responsible for ensuring that all personal equipment, including but not limited to cameras, propulsion devices, lighting systems, and diving apparatus, complies with local laws and regulations. One With Whales Expeditions Inc. does not assume responsibility for verifying the legality or compliance of participant equipment and reserves the right to restrict the use of any equipment deemed unsafe, non-compliant, or disruptive to wildlife.
One With Whales Expeditions Inc. may provide general guidance or informal opinions regarding equipment use based on experience in the field; however, such guidance is not definitive and should not be relied upon as technical, legal, or regulatory advice. Participants and production teams remain solely responsible for verifying that their equipment complies with all applicable laws, regulations, and permit conditions.
15. Data Handling
Your personal information is collected and stored in accordance with Canada's Personal Information Protection and Electronic Documents Act (PIPEDA) and applicable British Columbia privacy legislation.
We never sell your information.
We share it only where it is necessary to deliver your booking or to operate our business — for example with the boat operators, accommodation providers, guides and local partners running your trip, and with the service providers we use for our website, payment processing, invoicing and email. These parties receive only what they need for that purpose.
We use your information to manage your booking, to communicate with you about your trip, and — where you have opted in — to send occasional updates about future expeditions. You may unsubscribe at any time.
You may request access to, correction of, or deletion of your personal data at any time by contacting us — see section 16.
16. Concerns During Your Trip, and Dispute Resolution
We would far rather fix something while you are still with us than hear about it afterwards.
How to reach us in writing. Wherever these Terms ask you to contact us in writing, you may do so by email — including by replying to any email we have sent you about your booking — or through the contact form on our website at onewithwhales.com/contact. Either is sufficient notice under these Terms.
During your trip. If anything about your trip is not as you expected, please raise it with your guide or trip leader as soon as it arises. We will do everything reasonable to put it right on the spot.
If it is serious, or not resolved. If you consider an issue serious, or raising it with your guide has not resolved it, please also notify us in writing during the trip, so that our team leadership can address it while there is still time to act.
Resolution. Where we provide a remedy for an issue and you accept it, or you continue on the trip after that remedy has been provided, that issue is treated as resolved and no further claim may be made in respect of it.
Time limit. Any claim arising from your trip must be submitted to us in writing within 30 days of the trip end date. Claims not submitted within that period are waived, except where you were genuinely unable to raise them in time.
Before disputing a payment, please see section 1.5.
We are committed to resolving concerns fairly, promptly and in good faith. Nothing in these Terms limits your statutory rights as a consumer under applicable BC or Canadian law.
17. 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.
18. Governing Law and Jurisdiction
These Terms are governed by the laws of the Province of British Columbia, Canada.
Any dispute arising from these Terms or from your trip may be brought in the courts of British Columbia. Nothing in this section prevents either party from bringing proceedings in another jurisdiction where the law permits, and nothing in it removes any right you may have to bring proceedings where you reside.
We may bring proceedings to recover amounts due under these Terms in the courts of the jurisdiction in which you reside.
19. Acceptance
By completing a booking, making any payment, or otherwise confirming participation in an expedition, you acknowledge that you have read these Terms and Conditions in full, understand them, and agree to be bound by them.
Acceptance is normally confirmed by ticking the acceptance box on our application form before any payment is made, and is also confirmed by payment of an invoice referring to these Terms. It may additionally be confirmed by booking forms or written communication.
A copy of these Terms and Conditions is provided at the time of booking, on initial invoices, and is available on our website at all times.
20. Updates to Terms and Conditions
One With Whales Expeditions Inc. reserves the right to update or modify these Terms and Conditions at any time. Any changes will apply to future bookings from the date of publication on our website. Bookings already confirmed will continue to be governed by the Terms and Conditions in effect at the time of booking, unless otherwise agreed in writing.
21. Entire Agreement
These Terms and Conditions, together with the Waiver of Liability and Hold Harmless Agreement, the details published on the trip page you booked, and your booking confirmation, form the entire agreement between you and One With Whales Expeditions Inc.
No statement, description, assurance or answer given by any guide, crew member, employee, partner, agent or representative of One With Whales — whether by WhatsApp, email, social media, telephone or in conversation — varies, adds to or overrides these Terms, the trip page, or your booking confirmation. Where anything you have been told differs from those documents, those documents govern.
Any variation to this agreement is effective only if confirmed to you in writing by a director of One With Whales Expeditions Inc.
We will always try to answer your questions accurately and helpfully. Where a question concerns what is included, what the accommodation is, or what our cancellation terms are, please rely on the trip page and on these Terms — and if anything there is unclear, ask us and we will clarify it in writing.
Version 2026.1 — One With Whales Expeditions Inc.