Terms & Conditions

Definitions

The terms ‘you’, ‘your’, ‘individual’, ‘group’, ‘client’ or ‘passenger’ are used interchangeably meaning the customer/s partaking in Out Of The Blue Adventures experiences, tours, charters or events. 

‘OUT OF THE BLUE’ refers to the company OUT OF THE BLUE ADVENTURES PTY LTD (ABN – 696 226 21523). 

Environment 

• OUT OF THE BLUE prides itself on providing you with innovative coastal interactions and experiences while minimising the impact it has on the marine environment. By booking a tour with OUT OF THE BLUE you agree to follow all laws, rules and directions from OUT OF THE BLUE staff regarding your interaction with the marine environment. This includes respecting marine wildlife, who should not be interfered with in any way. Litter or other forms of pollution will not be tolerated. 

Bookings

• In booking with OUT OF THE BLUE you understand and accept that you are participating in an experience that involves risk. 

• These terms and conditions apply to any booking you make with OUT OF THE BLUE whether it be over the phone, email, online or via our website (www.outoftheblueadventures.com). You may book directly through our website, over the phone with us or indirectly through one of the OUT OF THE BLUE booking partners or agents. 

• We will rely on the authority of the person making the booking to act on behalf of any other passengers under the same booking and as that person you agree to provide these terms and conditions to the other passengers under your booking, you are binding all such passengers (including yourself) to these terms and conditions and you have the authority to act on such passenger’s behalf.

• Each individual or group must have a unique booking confirmation in order to participate in OUT OF THE BLUE experiences. 

• After booking, please check your booking confirmation to ensure all details are correct, the individuals listed on the confirmation must be the individuals participating on the day. 

• In the event an error has been made to your booking, please contact OUT OF THE BLUE as soon as possible by emailing info@outoftheblueadventures.com. It is at discretion of OUT OF THE BLUE staff as to whether the change should be honoured, or whether it is subject to the refund or cancelation policies listed below. 

• Bookings must be made at least 30 minutes prior to departure, otherwise booking will be invalid. 

• Full payment must be made at the time of booking (with the exclusion of group and charter bookings).

• Private tours, events or charters are required to pay a 50% deposit to confirm the booking, and the full booking amount must be paid at least 1 week prior to departure. 

• Gift certificates are valid for 3 years from the date of purchase, and cannot be extended past this date. 

• All advertised prices are valid until 31 March 2021.

• All prices are in AUD and include GST.

Experiences

• Your experience with OUT OF THE BLUE is undertaken entirely at your own risk. With the exclusion of gross negligence proven in a court of law, you agree that OUT OF THE BLUE, its directors, employees, agents, affiliates or partners will not be held liable for any accident, injury, loss or damage to any person or property however caused whilst you are embarking, traveling on or disembarking from OUT OF THE BLUE vessels. 

• OUT OF THE BLUE may offer additional products or experiences through one of our partners, please refer to the individual terms outlined by these partners before purchasing such products or experiences, as OUT OF THE BLUE will not be held liable for these products or experiences. 

• Passengers must arrive at the designated departure point 15 minutes prior to departure. 

• No seating configuration is guaranteed, although OUT OF THE BLUE staff will do the best they can to accommodate the particular requirements and needs of their passengers. 

• OUT OF THE BLUE operate in a marine environment, and passengers can get wet or be exposed to conditions that they do not necessarily experience on land. 

• If whales are not spotted on a designated whale watch tour between the months of June to November, each passenger will be entitled to a ‘standby ticket’ enabling them to return on another subsequent tour date, this ticket is subject to availability, must be used within the same whale watching season and during a tour with other paying passengers onboard. 

• All children (16 years and under) must be accompanied by an adult.

• Minimum age requirement for Ocean Adventures & Whale Watching is 5yrs. Our River Cruise can accomodate 3yrs and up & are charged accordingly at a Childs rate. Children younger than these ages are not permitted aboard the vessel.

• Pregnant woman or anyone with a back injury are not permitted to attend the cruise.

• Passengers with other medical conditions, injury or potential health risk must advise OUT OF THE BLUE prior to your departure, it is recommended that these passengers do not travel on OUT OF THE BLUE vessels and if so, do at their own risk. 

• OUT OF THE BLUE must not be held liable for the safety, loss or damage of personal valuables while participating in OUT OF THE BLUE experiences.

• No smoking is permitted on OUT OF THE BLUE vessels at any time. 

• OUT OF THE BLUE reserves the right to refuse any passenger displaying signs of intoxication or drug use and will not issue a refund in this instance. 

• OUT OF THE BLUE reserves the right to refuse any passenger if OUT OF THE BLUE staff believe the passenger will compromise the safety of others. 

• In the case of extreme weather conditions please contact info@outoftheblueadventures.com the day before to confirm any possible cancelations. 

• OUT OF THE BLUE reserve the right to cancel, change or adapt any tour it sees fit allowing for weather, ocean conditions, safety, equipment concerns or minimum passenger requirement (6) not met. In such a case, OUT OF THE BLUE will try to reschedule the trip if possible. OUT OF THE BLUE will not be held liable for any loss or expense incurred by the passenger caused by such cancelation, change or adaptation.

• Passengers must comply with Out Of The Blue Adventures COVID-19 Policy, a copy of this policy can be found – here.

Third Party Links

• At times, OUT OF THE BLUE provides external links to another entities website through www.outoftheblueadventures.com. OUT OF THE BLUE does not take responsibility for any of the information on these external sites, please refer to each website’s individual terms and conditions and privacy policy.

CANCELLATION & REFUND POLICY 

COVID-19 IMPORTANT CHANGES (Updated 20.04.2020)

• NON-REFUNDABLE TICKETS (Cancellation & Refund Policy) All tickets purchased from April 20th 2020 will be non-refundable, unless Out Of The Blue Adventures cancels the cruise due to weather/ocean conditions.
• If cruises are postponed due to COVID-19 temporary shut down, each participant will receive a Gift Card credit valid for a period of three years to use another time. No refunds will be issued if this occurs.
• All passengers will be contacted the day prior to your tour and will be asked to complete a COVID-19 Questionnaire in order to keep everyone safe. Should you answer ‘yes’ to any of the questions, or be unwell on the day of the tour, unfortunately you will not be permitted to join the tour on that date. Instead, you may re-schedule to another date. Alternatively, you may be entitled to a gift card valid for a period of three years, refunds will not be issued. If you are unwell it is the passenger’s responsibility to notify Out Of The Blue Adventures. To contact Out Of The Blue Adventures – click here.
• If you need to cancel your cruise for any reason (including COVID-19 related circumstances), you must provide at least 48hrs notice via phone (in opening hours) and your ticket will become a Gift Card credit valid for a period of three years. If you give less than 48hrs notice before cruise departure, you will forfeit your money and will not receive a credit. 
• If a cruise is cancelled due to weather or ocean conditions, the customer will have 24 hours to receive a full refund or choose their alternate day. If the customer does not contact us within the 24 hours, the ticket will be converted to a Gift Card and emailed to the customer to be redeemed another time (Which is non-refundable under any circumstance). All Gift Cards are valid for 3 years.
• Gift Cards – Please keep in mind that any Gift Cards purchased or received as a replacement for a booking will still follow our non-refundable policy as they are valid for 3 years. Gift Cards are non-refundable under any circumstance and cannot be exchanged for cash. If you redeem a Gift Card on a booking that gets cancelled by us due to weather or minimum numbers not met, your Gift Card is still not refundable, they are valid for 3yrs and can be used on another date or transferred to someone else to use.

Private Charter Cancellation Policy

(PLEASE READ BEFORE BOOKING & PAYING INVOICE)

• Private Charters will be non-refundable, unless Out Of The Blue Adventures cancels the cruise due to weather/ocean conditions. If cruises are postponed due to COVID-19 temporary shut down as per government order, you will receive a Gift Card credit to the value of the Private Charter valid for a period of three years to use another time. No refunds will be issued if this occurs.
• All passengers will be contacted the day prior to your tour and will be asked to complete a COVID-19 Questionnaire in order to keep everyone safe. Should someone answer yes to any of the questions, or be unwell on the day of the tour, unfortunately they will not be permitted to join the tour. Refunds will not be issued. If you are unwell it is the passengers responsibility to notify Out Of The Blue Adventures. To contact Out Of The Blue Adventures click here.
• If you need to cancel your private cruise for any reason, you must provide at least 5 days notice via phone (in opening hours) and you may receive a credit or move your booking to another date. If you give less than 5 days notice before cruise departure, you will forfeit your money and will not receive a credit.

RESTRICTIONS:
All children must be accompanied by an adult. Minimum age is 5yrs for any cruise on the ocean. Not suitable for pregnant woman or anyone with a back injury. Anyone with cold & flu symptoms will not be allowed to board the vessel.

PRIVACY POLICY 

• OUT OF THE BLUE recognises that your individual privacy is of upmost importance, which is why OUT OF THE BLUE only collect personal information from you that relates directly to your booking for example: your name, company, address, phone and email. 

• Outside of this, OUT OF THE BLUE may collect information from you either over email or phone if you personally require any changes to be made to your booking. 

• You may also subscribe to our newsletter, by subscribing you agree to receive email updates from us regarding our company, our products or services. Subscribing to our newsletter is not mandatory, and you may unsubscribe at any time.

• Your information is stored in secure online cloud storage systems, or in paper copy on-board the vessel for passenger reconciling purposes only. 

• Passengers may be filmed/photographed during OUT OF THE BLUE experiences. OUT OF THE BLUE reserves the right to reproduce such film/photos for the continued promotion of OUT OF THE BLUE experiences only without notification, compensation or payment. 

• OUT OF THE BLUE may take unique images of each experience and its passengers, these images will be sent directly to passengers on that experience without disclosing each individual’s contact details.

• If you do not wish to have your image taken at all during any OUT OF THE BLUE experience, please advise OUT OF THE BLUE staff prior to your departure date. 

• You will only be contacted by OUT OF THE BLUE directly in relation to your booking. 

• If you choose, your contact details may be used for direct marketing purposes. 

• OUT OF THE BLUE will provide your details to the relevant authorities in the event of an emergency. 

• All content, text, images and associated material on www.outoftheblueadventures.com is owned and copyright of OUT OF THE BLUE, any use of these items must be approved in writing by emailing info@outoftheblueadventures.com.

• Online booking and credit card details are taken via the Rezdy and Stripe, your details are stored by these companies, but in some instances are owned by OUT OF THE BLUE. 

• This information is only retained for accounting purposes as payment for OUT OF THE BLUE experiences. You will only receive correspondence from OUT OF THE BLUE through the transaction use of these channels.

Please see https://stripe.com/au/privacy or http://www.rezdy.com/privacy for more information. 

Your use of www.outoftheblueadventures.com or www.outoftheblueadventures.com.au and choice to book a OUT OF THE BLUE experience means that you accept the terms and conditions above. Your continued use of these sites indicates your agreement to any changes to these terms and conditions. 

For more information on these policies or for any other enquiries please email info@outoftheblueadventures.com.