Seabird Charter Tours

OCEAN AND WEATHER CONDITIONS
These tours are a full-day open ocean adventure activity (approx 9–10 hours and 40km offshore) and we may encounter a variety of ocean and weather conditions on any given tour, from calm through to 15–20 knot winds and 2–2.5m swells. Tours may be cancelled for adverse conditions, though we usually still go if its raining. Stronger winds often mean excellent seabird activity.

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WHO THE TOURS ARE SUITABLE FOR
You’ll be on a boat for the full duration of the activity so you MUST be stable on your feet and able to move around the boat unassisted. The boat will be moving around (both when stopped, or travelling) to varying amounts depending on the strength of the wind and swell. Decks and hatches may be slippery due to water or fish residue so caution must be taken when boarding, moving around, and disembarking.

These tours are not suitable if you have:
– serious back or neck problems
– heart conditions
– recent surgery
– stability or mobility issues
– are pregnant
– children under 10
– wheelchair users

Please disclose any medical conditions, allergies, or mobility issues when booking, and bring any necessary medication with you. As we travel well offshore, it is important that we know about anything relevant in advance.

Failure to disclose any of the above may result in refusal to board, with no refund. This is for the safety and enjoyment of all participants.

Anyone under the influence of alcohol/drugs will be refused boarding, with no refund.

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SEASICKNESS
Ensure you take seasickness medication before departure as we don’t cut tours short if someone’s seasick. Even if you’ve never been seasick, you can’t assume you won’t be, and it’d be a shame to spend your day feeling ill. Take medication well before departure (some need taken the night before) – most are ineffective if taken when out. A good night’s sleep and avoiding alcohol also help. Seasickness is not grounds for refund.

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CHILDREN ONBOARD
Children must be:

• 10 years or older

• actively supervised by an adult at all times‍ ‍

• follow any instructions given by the crew.

In some cases, younger children with strong boating experience may be allowed, but only with prior approval.

Young people aged 16+ years may come onboard alone.

When booking, please include your child’s age. If you do not let us know then we may refuse boarding, with no refund. Seasickness should be seriously considered too.

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SEABIRD SPECIES SEEN ON THE DAY
We make every effort to locate as many seabird species as possible, but sightings vary each day and can be impacted by weather/ocean conditions. No species can be guaranteed.

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EQUIPMENT YOU BRING ONBOARD
You are responsible for any belongings you bring onboard for the entirety of the tour, including cameras and binoculars. There can be sea spray/splashes and rain. There’s a limit of one bag each. No tripods, scopes, or drones are permitted onboard.

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CANCELLATION & REFUND POLICY
If you cancel your charter booking:
– More than 60 days prior: Either a tour credit, or a refund (less a 10% cancellation fee).
– Within 60 days: We can try to arrange an alternative charter date, or you receive a refund (less a 10% cancellation fee).

If we cancel:
We reserve the right to cancel any charter tour due to adverse conditions, insufficient bookings, or any other reason whatsoever. In this case, we can either try to arrange an alternative charter date, or you receive a refund.

Please note:

• Refunds are made in NZD. Exchange rates at the time of refund may mean the amount returned differs from the amount originally paid

• There is no refund if you miss the boat

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

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TOUR PROCEEDING DECISION
The skipper regularly monitors weather and swell conditions, and we aim to make a decision 2 days before the tour on whether the tour will go ahead or not. In some cases, this may be delayed until the day before if conditions are uncertain. The skipper’s decision is final.

You will be notified by email (using the address provided at booking). Please check your spam or junk folder if you don’t see the update.

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ALTERNATIVE OPTIONS IF TOUR IS CANCELLED
If we cancel the tour due to adverse conditions, we may offer a closer-to-shore alternative on the same day, in an area less affected by the conditions. This still gives the opportunity to experience some seabirds, although we’ll likely encounter fewer species as some prefer deeper waters (ie New Zealand Storm Petrel).

If conditions are unsuitable for any options on the original tour date, we may try to reschedule to the day before or after. This is subject to boat availability and ocean and weather conditions and is not always possible.

If neither of the mentioned options are feasable, the tour will be cancelled and either, we can try to arrange an alternative charter date, or you receive a refund.

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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.

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[ 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.

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[ 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.

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[ 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.

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[ 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.

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[ 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.

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[ 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.

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[ 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.

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[ 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.

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

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