Terms and Conditions

for our manta ray moonlight snorkel activity

Last updated: July 10th, 2024

 

Please read these terms carefully before booking a manta ray moonlight swim activity (“activity”, “experience”, “tour”) operated by Ocean Wings Hawaii Inc., a(n) Corporation formed in Hawaii, United States (“us,” “we,” “our”).

Your access to the activity is conditional upon your acceptance of and compliance with these terms. These terms apply to every individual who booked the activity and/or intends to participate in it. 

You can find the general terms of use for this website + the terms for purchasing products from our webshop on this page.

If you disagree with any part of these terms, you cannot access or participate in our manta ray activity.

Offer, pricing, and bookings

The activity can be booked through a third-party tool called FareHarbor. The price of our services and options can be found on this page. The price does not include taxes or other fees you may be charged.

We may ask you to provide an advance payment to secure your booking.

We are not responsible for the collection, use, sharing, or security of your billing information by third-party payment processors. 

You hereby warrant that you have the legal right to use the payment method(s) in connection with any purchase and that the information that you supply to us and to the third-party payment processor(s) is true, correct, and complete.

Prerequisites for participating in the activity

While swimming with manta rays at night is a life-changing experience, it is not for everyone.

You can only participate in the activity if the following requirements are met:

  • You are a good swimmer and feel at ease swimming in the ocean (in water too deep to stand)
  • You are an experienced snorkeler and have snorkeled in the ocean within in the past year
  • You are at least 12 years old
  • You do not have medical conditions and do not require additional assistance
  • You understand and speak English fluently
  • You are not under the influence of alcohol
  • You show up to the activity before the indicated time and pay full attention during the safety briefing

We offer additional services, like a snorkeling refresher class for people who haven’t snorkeled in the ocean recently or private tours for individuals who may require extra assistance or personal attention during the activity. Contact us for more information about the latter!

Every individual who intends to participate in the activity needs to sign a personal liability waiver, preferably before noon on the activity day.

Cancellation Policy

We reserve the right to cancel your booking for any reason at our sole discretion, including but not limited to fraud, inaccuracies, or failure to comply with prerequisites. 

Especially during the winter months, ocean conditions or unforeseen circumstances can force us to cancel our moonlight swim. We will keep you updated by text and email, so you’ll know as soon as we know.

We will do our best to reschedule the activity; if that’s not an option, you will receive a full refund.

Refund Policy

  • If you notify us 24 hours (or more) before the activity starts, you will receive a full refund. Keep an eye out for our acknowledgment of your cancellation; if you do not hear back from us, please follow up!
  • If you cancel within 24 hours before the start of the activity, we will do our best to fill your space – but you will not be refunded if we cannot.
  • If you arrive late to the tour, or not at all, you are considered a “no show” and will be charged the full amount. Please be mindful of time zones when booking!
  • We do not offer reimbursement if you show up but don’t participate or drop out before the end of the activity.

No manta ray sighting guarantee

The chances of seeing manta rays with our company are over ~80% during the spring, summer, and fall months (winter months: ~50%), but we do not offer a “manta sighting guarantee.”

We do not offer a refund, discount, or rain check if the manta rays do not appear.

Find out more about the likelihood of seeing manta rays and our view on manta sighting guarantees here.

Liability and Assumption of Risk Management

Snorkeling in the ocean has inherent risks which may result in serious injury or death.

Neither our individual guides, nor our company, nor its affiliates and subsidiary corporations, employees, officers, agents, or contractors may be held liable or responsible in any way for any injury or other damages that may occur as a result of enrollment or participation in the snorkeling activity.

Participants will sign a liability waiver upon booking; this needs to be read and signed personally by any participant of 18 years or older. A parent or legal guardian must sign for participating minors. 

Governing law and dispute resolution

These terms are construed in accordance with the laws of the State of Hawaii, United States, without regard to its conflict of laws provisions. If any provision of these terms is held to be invalid or unenforceable by a court, the remaining provisions will remain in effect. These terms do not replace our general terms and conditions for use of our website and webshop.

Any controversy or claim arising out of or relating to these Terms, including but not limited to the interpretation or breach thereof, shall be resolved in a court of competent jurisdiction in HI County, Hawaii.

You and Ocean Wings Hawaii Inc. agree that each may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any class or representative action.

Closing comment

The language on this page is kept simple so every participant can easily access and understand the information. However, safety is our utmost concern and we take pride in the outstanding customer experience our company offers. We urge you to read through the above carefully and reach out if you have any questions about the activity or our policies.

We reserve the right to make changes to these terms at any time, and do not provide notice when we do. 

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