Terms & Conditions

Last updated: 21 May 2026

These Terms and Conditions ("Terms") govern your booking and participation in whale and dolphin watching tours and related maritime-tourism services ("Tours") operated by the company identified above ("MobyDick-Tours", "we", "us"). By making a booking or boarding our vessel you accept these Terms. Please read them carefully — they affect your legal rights.

1. The service we provide

We operate guided whale and dolphin watching tours and related maritime-leisure activities from the Portas do Mar Marina in Ponta Delgada, São Miguel. Our tours follow Azorean whale-watching regulations and prioritise the welfare of the animals at all times. Marine wildlife is wild and free; sightings are common but cannot be guaranteed on any individual tour (see Section 8).

2. Bookings and payment

Bookings are made through our online booking portal, by telephone, or in person at our office. A booking is confirmed once payment has been received in full and you have received a written booking confirmation from us. Prices are quoted in Euro (€) and include VAT at the applicable Portuguese rate.

You are responsible for providing accurate booking information, including the full name and age of each passenger. Incorrect information may lead to denied boarding without refund — particularly where it affects safety or insurance cover for minors.

3. Cancellation and refunds

Cancellation by you

You may cancel free of charge — for a full refund or a credit valid for a future tour — up to 24 hours before the scheduled departure time. Cancellations made less than 24 hours before departure are not eligible for a refund or credit. No-shows are charged in full and are not eligible for any refund or rescheduling.

To cancel, please contact us by telephone at the number listed above. We recommend keeping a written confirmation of any cancellation request.

Cancellation by us

The captain has final authority to cancel or shorten any Tour for reasons of weather, sea state, mechanical or safety considerations, or any other operational reason. Where we cancel a Tour before departure, you will be offered a reschedule for a future date or a full refund, at your choice.

We are not responsible for indirect costs you may incur as a result of a cancellation — including but not limited to flights, accommodation, onward transport, or missed activities. We strongly recommend taking out travel insurance that covers these scenarios.

4. Embarkation, late arrival, and conduct on board

Please arrive at the Portas do Mar Marina at least 30 minutes before the scheduled departure time so we can complete check-in and the safety briefing. Late arrivals may be denied boarding and treated as a no-show, with no refund or reschedule.

The captain and crew have absolute authority over operational matters on board, including embarkation, seating, safety equipment, and the conduct of the Tour. Their instructions must be followed at all times. We reserve the right to refuse boarding, or to end a Tour early without refund, where a passenger's behaviour, intoxication, or non-compliance poses a safety risk to themselves, other passengers, the crew, or the animals we observe.

5. Suitability, health, and safety

Our tours take place on the open Atlantic. Sea conditions can change during a single trip. Participation may not be suitable for guests with severe mobility limitations, certain medical conditions, high-risk pregnancy, or significant susceptibility to motion sickness. You are responsible for assessing whether the activity is appropriate for you and your party, and for disclosing any relevant condition at the time of booking so we can advise.

Lifejackets and other safety equipment are provided on board and must be used as instructed by the crew. Swimming, diving, or entering the water from the vessel is not permitted unless expressly authorised by the captain.

6. Children and minors

Children and minors under 18 years of age must be accompanied throughout the Tour by a parent or legal guardian, who is responsible for their supervision, conduct, and safety on board. Infant participation remains subject to weather, sea conditions, and the captain's assessment of safety.

7. Insurance

We maintain passenger liability insurance as required by Portuguese law for licensed maritime-tourism activities. The insurance covers passengers while on board our vessel during the Tour, subject to the terms of the policy. Personal travel insurance covering cancellation, medical expenses, and personal belongings is your responsibility and is strongly recommended.

8. Wildlife sightings

Whales and dolphins are wild animals. We work with land-based lookouts and an experienced on-board crew to maximise the likelihood of sightings, but no sighting can be guaranteed.

For shared scheduled tours, where no whales or dolphins are sighted during the Tour and the Tour was completed in its planned duration (i.e. not curtailed by weather, sea state, mechanical or other force majeure reasons), we will offer you a complimentary second Tour or a full refund. Verification is at our operational discretion. This goodwill remedy does not apply where the Tour was cancelled or shortened for any of the reasons set out in Section 3.

9. Photography and media

You may take personal photographs and videos during the Tour for non-commercial use, except where the crew restricts photography for safety reasons (e.g. during embarkation manoeuvres). Commercial use requires our prior written consent.

Our crew may take general photographs and video during the Tour for operational, safety, and marketing purposes. By participating you acknowledge that you may appear in such material. If you do not wish to appear in marketing imagery, please tell the crew at the start of the Tour and/or email us at [email protected] — we will exclude you where reasonably practicable and remove any identifiable image already published on our channels on request.

10. Wildlife observation rules

We operate in accordance with Azorean whale-watching regulations, including Decreto Legislativo Regional n.º 10/2003/A and any subsequent amendments. Approaches to whales and dolphins are made with care, distance, and low disturbance. The captain may discontinue an approach at any time if continued observation would disturb the animals.

11. Liability

Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for any liability that cannot be limited or excluded under Portuguese law.

Subject to the paragraph above, our liability for any indirect, incidental, or consequential losses — including loss of enjoyment, onward travel costs, accommodation, or missed activities — is excluded to the fullest extent permitted by law. Our total liability for any direct loss in connection with a Tour is limited to the amount paid by you for the Tour in question.

12. Force majeure

We are not liable for any failure or delay in performing our obligations where caused by events beyond our reasonable control — including without limitation severe weather, dangerous sea conditions, acts of public authority, port closures, strikes, epidemic, war, or natural events.

13. Privacy

We process your personal data in accordance with our Privacy Policy, which forms part of these Terms.

14. Changes to these Terms

We may update these Terms from time to time. The version in force at the time of your booking applies to that booking. The current version is always available on this page, with the "Last updated" date above.

15. Governing law and dispute resolution

These Terms are governed by Portuguese law. Any dispute will be subject to the exclusive jurisdiction of the courts of Ponta Delgada, Portugal, without prejudice to your rights as a consumer.

In accordance with Portuguese Law no. 144/2015 of 8 September, in the event of a dispute consumers may resort to alternative dispute resolution. A list of competent consumer-dispute entities is available at www.consumidor.gov.pt. Online disputes may also be submitted via the European Commission's ODR platform at ec.europa.eu/consumers/odr.

16. Contact

Questions about these Terms or any booking can be sent to [email protected] or by telephone to +351 919 942 831.