Terms & Conditions

1. General Information

Oceandiversity Sea Adventures Ltd (OSA) operates charter services for SCUBA diving, snorkelling, spearfishing, sightseeing tours, photography, videography, water taxi services, and research activities from Whangarei Harbour and surrounding areas (Cape Reinga to East Cape).

Our vessels operate under a Maritime Transport Operator Certificate (MTOC) issued by Maritime New Zealand and comply with all relevant maritime safety regulations.

2. Booking and Payment

2.1 Deposit and Payment

• A 50% deposit is required upon booking
• The remaining balance must be paid by internet bank transfer prior to departure, or cash on the day of the charter
• Prices are calculated on a case-by-case basis depending on the specific requirements of your charter

2.2 Cancellation Policy

• Cancellations made more than 48 hours before departure will incur no penalty fees
• Cancellations made within 48 hours of departure may incur a cancellation fee of up to 50% of the agreed rate at the Director’s discretion

3. Age and Supervision Requirements

3.1 Children

• All children under 15 years must be accompanied by a paying adult or caregiver over the age of 20
• Children under 15 must wear a lifejacket whilst in transit
• Snorkelling ratios are typically 1:2 for children under 12 years (subject to age and ability assessment by the Master/Diving Activities Supervisor)

3.2 SCUBA Diving

• SCUBA divers must be over 16 years of age
• Divers must be certified to a minimum of ‘Open Water Diver’ status
• A copy of certification and logbook must be supplied before boarding
• Preferably, divers should have dived within the 6 months prior to the planned dive or logged sufficient dives (at Master’s discretion)
• All SCUBA divers must dive with a buddy – solo diving is not permitted
• Divers must guide themselves; OSA crew do not guide SCUBA dives

3.3 Special Needs

• Passengers with special needs must be accompanied by a paying caregiver
• OSA will endeavour to cater to passengers of all ages and abilities at the discretion of the Master and Diving Activities Supervisor

4. Safety Requirements

4.1 Liability Waiver

• All passengers must read and sign the OSA liability release/waiver form before undertaking any in-water activities
• This waiver includes release of liability, waiver of claims, express assumption of risk, and indemnity agreement

4.2 Medical Disclosure

• Passengers must disclose any medical conditions that may affect their safety or ability to participate in activities
• Current medications must be declared if they may impact safety

4.3 Swimming Ability

• General swimming ability must be established before departure
• Personal flotation devices (boogie boards) will be provided to weak swimmers
• Lifejackets must be worn when instructed by the Skipper

5. Passenger Conduct

5.1 Alcohol and Drug Policy

• Zero tolerance policy for crew working under the influence of drugs or alcohol
• The use of illicit drugs by passengers on board is forbidden
• Limited alcohol consumption by passengers may be permitted for special occasions by prior arrangement with the Manager
• Passengers consuming alcohol will not be permitted to dive
• Intoxicated passengers (whether by alcohol or drugs) will not be carried

5.2 Smoking Policy

• Both vessels (Oceandiversity and Oceandiversity 2.0) are strictly non-smoking vessels
• This includes vapes and e-cigarettes

5.3 Skipper Authority

• The Skipper has ultimate and overriding authority at all times
• All passengers must follow the instructions given by the Skipper and crew
• The Skipper reserves the right to refuse carriage or terminate a charter if passenger safety or vessel safety is compromised

6. Environmental Responsibility

6.1 Marine Reserve Rules

• No-take policy applies in all marine reserves and Protected areas, including Rāhui – no collecting, gathering, fishing, or disturbance of marine life or habitat
• OSA will brief clients on marine reserve boundaries and rules

6.2 Fishing and Collecting

• When permitted outside marine reserves, all Ministry of Fisheries rules, restrictions, and guidelines must be followed
• Failure to comply may result in termination of the voyage with no refund
• OSA accepts no responsibility for individuals who knowingly disregard regulations and reserves the right to refuse future trips to such individuals

6.3 Pollution Prevention

• No rubbish may be thrown overboard
• All garbage must be placed in designated containers and will be taken ashore
• Passengers must follow all pollution prevention measures

7. Weather and Operational Conditions

7.1 Skipper’s Discretion

• The Skipper is responsible for the safety of the vessel and all persons on board at all times
• Operations may be altered, postponed, or cancelled if safety is in doubt due to:
  • Weather conditions and sea state
  • Visibility
  • Tidal flows
  • Health and comfort of passengers
  • Any other safety-related factors

7.2 Rescheduling for Safety Cancellations

• OSA fully supports the Skipper’s decisions made to preserve safety
• Charters cancelled or altered for safety reasons may be rescheduled, subject to availability

8. Snorkelling Operations

8.1 Guided Snorkelling

• Snorkellers may request the OSA crew to guide or instruct their in-water activities
• Snorkelling operations will not be undertaken if visibility, wind, weather, or sea conditions compromise safety
• The Snorkel Guide will assess if snorkellers’ training and experience is sufficient for the activity

8.2 Shark Snorkelling Charters

Special procedures apply:

• For experienced shark snorkellers: Maximum 6 people in the water at a time; must buddy up with one person on lookout duty.
• For novice shark snorkellers: Must be advanced snorkellers; only 1 client in the water at a time with an experienced OSA lookout; experienced guide enters water first
• Additional safety equipment (shark sticks, specialised first aid) will be carried

9. Equipment and Personal Belongings

9.1 Appropriate Clothing

• Passengers must bring appropriate clothing for the weather conditions
• Wetsuits are recommended for all in-water activities

9.2 Personal Items

• Personal items should be stowed in designated areas
• OSA is not responsible for loss or damage to personal belongings

9.3 Diving Equipment

• Divers are responsible for their own equipment
• OSA does not provide SCUBA diving equipment rental (oxygen emergency equipment is carried on board for SCUBA diving trips)

10. Technical Diving

• OSA crew do not have experience or certification with technical diving
• Technical divers will be transported to dive sites with appropriate boat safety precautions coordinated (e.g., decompression time, line length)

11. Limitation of Liability

11.1 Inherent Risks

By booking a charter, passengers acknowledge that maritime activities and water sports involve inherent risks, including but not limited to:

• Hypothermia and cold exposure
• Drowning
• Marine life encounters
• Equipment failure
• Weather changes
• Vessel movement and jarring

11.2 Assumption of Risk

Passengers expressly assume all risks associated with their participation in charter activities as detailed in the mandatory liability waiver.

12. Privacy

Personal information collected during booking will be used solely for charter operations, safety records, and emergency contact purposes in accordance with New Zealand privacy laws.

13. Disputes

Any disputes arising from these terms and conditions or charter services shall be governed by New Zealand law and subject to the jurisdiction of New Zealand courts.

14. Changes to Terms

OSA reserves the right to modify these terms and conditions at any time. The version in effect at the time of booking will apply to that charter.

15. Contact Information

Oceandiversity Sea Adventures Ltd
1 Lort Point Lane, RD4
Whangarei 0174
New Zealand

Main Contact: Blair Jones – 021 114 7466
Shore Contact: Kim Jones – 027 243 4818

By booking a charter with Oceandiversity Sea Adventures, you acknowledge that you have read, understood, and agree to comply with these Terms and Conditions.