OCEAN AND WEATHER CONDITIONS
These tours aren’t your standard calm water tourist boat cruise – it's an open ocean adventure activity, and we may encounter a variety of ocean / weather conditions on any given tour.

We’re out on the water for a long time (9 to 10 hours), about 40kms offshore, and depending on the day conditions may range from calm to 15–20 knot winds and 2–2.5 metre. We sometimes have to cancel tours due to adverse conditions – we still generally go if it’s raining. It’s worth noting that stronger wind is great for the seabirds as they are really active and soaring around which is always marvellous to watch.

———————————

WHO THE TOURS ARE SUITABLE FOR
For these tours you will be on a boat (which is an unstable platform) for the duration of the open ocean activity. The boat be moving around (both when stopped, or travelling) to varying amounts depending on the strength of the wind and swell.

For this reason you MUST be stable on your feet and you MUST be able to move around the boat unassisted, especially on the rougher days when the boat may be moving a lot, or may make sudden movements due to swell.

Decks and hatches may be slippery due to water or fish residue so caution must be taken when boarding, moving around, and disembarking.

Due to the open ocean conditions and vessel movement, tours are not suitable for:

• People with serious back or neck problems

• People with stability or mobility issues

• People with heart conditions or recent surgery

• Pregnant individuals

• Children under 10

• People in wheelchairs

Please let us know of any medical conditions, allergies or mobility issues you have that may affect you being on the boat and taking part in the tour. We travel well offshore so it's important for us to know any potential issues in advance. You must also bring any necessary medication with you for the day.

Failure to let us know about any of the points listed in this ‘Who are the tours suitable for’ section may result in the skipper denying you boarding for safety reasons (and no refund will be given). This is to ensure the safety and enjoyment of all passengers.

Also anyone under the influence of alcohol or drugs will not be allowed onboard and no refund will be given.

———————————

SEASICKNESS
To reduce the chance of seasickness you must ensure you take appropriate seasickness medication before the tour departs as we won’t cut the trip short if someone is feeling seasick. It can get rough / choppy on the trips if the wind / swell gets up. Even if you’ve never been seasick before, you can’t be sure you won’t on the tour, and it would be a shame to spend your day out feeling sick.

There are a number of seasickness medication options available – Talk to your doctor or pharmacist to determine the best option for you. Ensure you take the medication well before we depart (some need to be taken the night before), as most are ineffective if taken when you are already out. It’s also recommended you have a good sleep, and avoid alcohol the night before the tour.

Please note that seasickness during the tour is not grounds for a refund.

———————————

BRINGING CHILDREN ONBOARD
These tours offer an amazing opportunity for children to see some stunning seabirds in their natural environment. However, as these tours are an open ocean adventure activity, children must be 10 years or older, must be accompanied and actively supervised by an adult, and must follow any instructions given by the crew. Children over 16 may come onboard by themselves. Also seasickness should be seriously considered for children. In some cases, younger children with strong boating experience may be allowed, but only with prior approval.

Please notify us at the time of booking if you're bringing a child, and include their age. Failure to let us know may result in the skipper denying you and your child boarding (and no refund will be given).

———————————

SEABIRD SPECIES SEEN ON THE DAY
We make every effort to locate as many species as possible, including local specialties. However, as with any birding activity, sightings vary day to day depending on weather, wind, sea conditions, and of course the seabirds. No particular species can be guaranteed.

———————————

EQUIPMENT YOU BRING ONBOARD
As we are venturing into an ocean environment you need to take extra care of any items you bring onboard, (including your optical equipment) and these items are your responsibility for the entirety of the tour. Care should be taken with your equipment to ensure it’s well protected while we are moving and out at various stops during the day. As well as the boat moving about, there is also potential for sea spray/sea splashes and rain on the tours.

Please don’t bring tripods or scopes on the boat (they take up too much room), and the use of drones onboard is not permitted.

We have a limit of one bag per person to ensure there's plenty of room onboard to move about the boat.

———————————

CANCELLATION & REFUND POLICY

If you cancel your booking:

• More than 45 days before the tour date: Tour payments will be refunded minus a NZ$25 cancellation fee, or can credited to a future tour.

• Within 45 days of the tour date: No refund or credit, unless (1) we cancel the tour, or (2) we’re able to fill your place on the tour, then your tour payment will be refunded or credited to a future tour.

If we cancel the tour:

• We reserve the right to cancel any tour due to adverse conditions, insufficient bookings on a tour, or any other reason whatsoever. If this happens, any tour payments will be refunded or credited to a future tour.

Please note:

• Refunds are made in NZD. Due to currency exchange rates at time of refund the actual amount refunded may differ from the original payment amount made when booking.

• No refund is provided if you’re late and miss the boat.

• In no event will our liability exceed the amount you have paid to us for the tour

———————————

WHAT HAPPENS IF NOT ENOUGH PEOPLE BOOK ON A TOUR?
Tours require a minimum number of 8 participants. If that minimum isn’t reached, we’ll contact those booked approximately 1–2 weeks in advance. In some cases, we may offer the option to continue the tour with increased per-person costs to meet minimum requirements.

If this is not an option, the tour will be cancelled and any payments refunded or credited to a future tour.

———————————

ALTERNATIVE OPTIONS IF A TOUR IS CANCELLED
If we cancel a tour due to adverse weather/ocean conditions, we may be able to offer a closer-to-shore tour option for the same day to an area that may not be as affected by the adverse conditions. For this option there’ll likely be a decrease in the number of seabird species encountered on the day as some species are only generally found out in deeper waters (ie NZ Storm Petrel) but it still gives the chance to get out with the seabirds.

To proceed with a closer-to-shore option:

• All participants must agree, or

• If only some participants agree then additional per-person costs will apply for the tour to proceed.

If conditions are too poor for any tour to proceed on the day, we may try to reschedule to the day before or after the planned tour. This will depend on boat availability and ocean/weather conditions. Rescheduling is often difficult in our busy spring/summer season (Sep–Apr), but more feasible during the quieter autumn and winter (May–Aug).

If the closer-to-shore option or rescheduling aren't viable, the tour will be cancelled and any tour payments will be refunded or credited to a future tour.

———————————

By completing your booking, you confirm that you have read, understood and agreed to our ‘Terms, Conditions and Cancellation Policy’.

Activity Waiver and Release of Liability Agreement
By proceeding with your booking for a tour operated by The Petrel Station Seabird Tours (the “Activity Provider”) in Tutukaka, New Zealand, you (the “Participant”) confirm that you have read, understood, and agreed to the terms below.

———————————

[ 1 ] Participation and Acceptance of Risk
By joining this activity, you agree to release The Petrel Station Seabird Tours, including its owners, staff, contractors, and representatives, from any and all legal claims related to injury, death, property damage, or loss that may occur during or as a result of your participation. This includes situations where the Activity Provider may be partially or wholly at fault.

If you are booking on behalf of others, this waiver and agreement applies to each person you have booked. You are responsible for making sure all members of your group are aware of and agree to these terms before joining the tour.

We reserve the right to refuse service to any individual or group, at our sole discretion and for any reason.

In no event will our liability exceed the amount you have paid to us for the tour.

———————————

[ 2 ] Requirement to Agree
You understand that your booking and participation in the activity are conditional on your agreement to this waiver. If you do not agree to these terms, you may not participate.

———————————

[ 3 ] Activity Description and Risks
This activity involves a pelagic seabird watching tour offshore from Tutukaka, New Zealand, which includes marine-related travel. You acknowledge and accept the risks involved, which may include (but are not limited to):

• Rough sea conditions, adverse weather, and unpredictable environmental or ocean conditions

• Injury while boarding, disembarking, or on docks

• Slips, trips, or falls on wet or unstable surfaces

• Motion sickness

• Actions of other participants

• Unavailability of emergency medical treatment

• Injuries from hooks or other sharp tools

• Encounters with marine and seabird wildlife

• Equipment malfunction or failure

By your own free will, you voluntarily accept all risks, whether listed or not, known or unknown, and whether or not caused by the Activity Provider.

———————————

[ 4 ] Third-Party Vessels and Providers
In some cases, we use certified vessels and services provided by third-party operators or charter boat companies. These providers are independent and not under the direct control of The Petrel Station Seabird Tours.

By participating in the tour, you acknowledge that we are not responsible or liable for the actions, omissions, safety standards, equipment, or operations of any third-party provider. Any issues arising from your interaction with those providers must be addressed directly with them.

———————————

[ 5 ] Binding Agreement
This waiver applies not only to you but also to your spouse, heirs, legal representatives, and anyone else who might make a claim on your behalf.

———————————

[ 6 ] Health and Fitness to Participate
By booking, you confirm that:

• You are physically and mentally fit to take part in the activity, and are able to move around the boat unassisted.

• You do not have any medical conditions, injuries, or infectious diseases (including COVID-19) that would make participation unsafe for you or others.

• You will seek medical clearance if needed.

• You must also ensure that you bring with you an adequate supply of any medications you require for the full duration of the tour.

———————————

[ 7 ] No Future Claims
By agreeing to this waiver, you understand and accept that:

• You are giving up your right to sue the Activity Provider for any injury or loss resulting from this activity.

• You have had the opportunity to ask questions or seek independent legal advice before proceeding with your booking.

• This waiver is legally binding and represents the full agreement between you and the Activity Provider.

———————————

[ 8 ] Use of Photos and Video
We often take photographs and video footage during our tours to document seabird behaviour, identification, and the tour experience. Some of these may include images of participants. By joining the tour, you grant The Petrel Station Seabird Tours a worldwide, royalty-free license to use your photo, video, or likeness for promotional, educational, or commercial purposes.

If you prefer not to appear in any promotional materials, simply let a crew member know during the tour.

———————————

[ 9 ] Governing Law
This agreement is governed by the laws of New Zealand, and any disputes will be handled under New Zealand law.

———————————

By completing your booking, you confirm that you have read, understood and agreed to our ‘Activity Waiver and Release of Liability Agreement’.