Standard Terms and Conditions for Admittance and Participation in Dolphin Encounter Programs
- CONDITIONS OF USE:
Dolphin Quest and its affiliates provide the Dolphin Encounter experience to its customers and guests (hereinafter “Participants” and sometimes “You”) for their personal entertainment, information, education and enjoyment. Please read these terms and conditions of participation as they shall apply to all guest participation in any and all Dolphin Encounter programs. By participating in the Dolphin Encounter activity You, as a Participant unconditionally agree without limitation or qualification to these Terms. Dolphin Quest reserves the right to modify, alter or otherwise update these Terms at any time and you agree to be bound by such modification, alterations and updates.
- PARTICIPANTS’ RESPONSIBILITIES:
Participants must be able to follow directions and instructions provided by the trainer and other staff and crew members. Participants may not wear any jewelry in the water with live animals. Participants may not use personal cameras during their encounters with live animals. Participants must refrain from smoking. Any behavior such as drunkenness, violent or abusive conduct, singing or shouting which may constitute annoyance to other Participants or the dolphins is prohibited. Any Participant displaying lewd, offensive, or threatening behavior either to the other guests or Dolphin Quest staff will be removed from the site without a refund. Participants must be able to move about freely within the water environment. Participants must be comfortable in the water and be able to manage their movements as instructed in and around the animals while wearing required water safety gear. Unless otherwise prearranged, participants must be able to physically move from one location to another by crossing sand, climbing stairs, traversing floating platforms, have mobility between standing and sitting positions, crossing slippery and uneven or unlevel surfaces both in and out of the water. Local weather conditions may require that Participants be able to handle heat, humidity, direct sun exposure, wind and torrential rains. Participants can expect to be around large marine mammals as well as marine animals within the natural environment. Our dolphins have been trained for interactions. As wild animals, their behavior can still be unpredictable. Dolphin Encounter programs are not for expectant mothers.
- NO-SHOWS, CANCELLATIONS, and RESERVATION CHARGES:
With respect to no-shows, the following terms apply: Guests that fail to show up on time, cancel or reschedule their Encounter Program will not be refunded.
With respect to cancellations for parties up to, and including, six (6) participants, the following terms apply: Any cancellations made prior to 48 hours of the scheduled Encounter Program time will receive a full refund. Any rescheduling made prior to 48 hours of the scheduled Encounter Program time will not be charged a rebooking fee. Any cancellations within 48 hours of scheduled Encounter Program time will not be refunded. Any rescheduling made within 48 hours of scheduled Encounter Program time will be charged an additional rebooking fee of $75 per guest.
With respect to cancellations for parties of seven (7) or more participants, the following terms apply: Any cancellations made prior to 2 weeks of the scheduled Encounter Program time will receive a full refund. Any rescheduling made prior to 2 weeks of the scheduled Encounter Program time will not be charged a rebooking fee. Any cancellations within 2 weeks of scheduled Encounter Program time will not be refunded. Any rescheduling made within 2 weeks of the scheduled Encounter Program time will be charged an additional rebooking fee of $75 per guest.
Dolphin Quest reserves the right to cancel at any time and with or without notice any Dolphin Encounter Program(s). Such cancellation may be due to animal emergency or acts of nature. In such circumstance, Dolphin Quest in its sole and absolute discretion may accommodate reserved Encounter Programs to other Encounter Program slots if available. In the event Dolphin Quest cancels a program and cannot accommodate, any money charged will be refunded and refund of the charged monies will be the extent of Dolphin Quest’s liability.
- DISCLAIMER OF WARRANTIES:
All materials, performances and experiences are provided in an “as is” condition and without any warranties of any kind either express or implied. To the fullest extent possible, Dolphin Quest disclaims all warranties, of any kind either expressed or implied, including but not limited to, implied warranties of merchantability and fitness for particular purpose or performance.
- LIMITATION OF LIABILITY:
It is expressly agreed and acknowledged that Dolphin Quest, its affiliates and related parties are limited in their liability regardless of cause of injury or loss including gross negligence, to the refund of the charged monies for participation in the Dolphin Encounter Program and such refund will be the extent of Dolphin Quest’s liability.