Standard Terms and Conditions for Admittance and Participation in Dolphin Encounter Programs
1. 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.
2. 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 underwater cameras. 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 unleveled 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.
3. NO-SHOWS, CANCELLATIONS, and RESERVATION CHARGES: With respect to no-shows, a failure to cancel or reschedule will result in a full charge of the Encounter Program. With respect to cancellations, guests or their broker agent must provide notice of cancellation of booked Encounter Program(s) within 48 hours prior to the scheduled Encounter Program date. Failure to notify Dolphin Quest of the cancellation will result in a full charge of the Encounter Program to be billed to broker-agent at the booked rate plus tax. With respect to changes in booking and reservations of Encounter Program(s), all requested changes in bookings and Reservations for Encounter Program(s) must be received by Dolphin Quest within 48 hours prior to the scheduled Encounter Program date. Failure to notify Dolphin Quest of the change request may result in charge of the Encounter Program to be billed to broker-agent at the booked rate plus tax, in addition, Dolphin Quest will invoice broker-agent an additional re-booking fee of $75.00 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.
4. 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.
5. 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.