MMF Trips
Terms & Conditions
Reservations, Payment Terms, and Cancellation Policy.
These Terms & Conditions are between you and Marine Megafauna Foundation, Inc., a Florida not-for-profit corporation ("MMF"), and apply to all MMF expeditions. They are governed by the laws of the State of Florida, and any dispute will be heard exclusively in the state or federal courts located in Florida.
Reservation requests can be submitted directly via email to trips@marinemegafauna.org, or through the enquiry form on MMF's website.
A non-refundable deposit of 30% of the total expedition price is required to confirm a reservation. A space is confirmed only when the deposit has been received, and the completed terms and conditions form has been returned. Participants have a maximum of 14 days from the initial enquiry date to pay the deposit before the space is reopened to the public.
The remaining balance (70%) is due 120 days prior to the departure date. For reservations accepted 120 days or less before departure, full payment is due upon acceptance.
If the balance is not received by the due date, MMF will send a final notice by email allowing 7 days to pay. If payment is still not received, the reservation will be cancelled, and amounts already paid will be retained in accordance with the cancellation terms below.
Cancellations must be made in writing (email to trips@marinemegafauna.org; effective on the date received). For cancellations received 121 days or more before departure, MMF retains the 30% deposit and refunds any amount paid in excess of it. For cancellations received 120 days or less before departure, MMF retains 100% of the expedition price. These amounts reflect MMF's non-cancellable commitments to the vessel operator, made well in advance for the whole vessel, and are agreed as a genuine pre-estimate of MMF's loss rather than a penalty; they are reduced by any amount MMF recovers by reselling the space (point 7).
Resale of a cancelled space. If a participant cancels, MMF will use reasonable efforts to resell the space — first to any waitlist for the expedition, then through its usual channels — and will not unreasonably refuse a replacement proposed by the cancelling participant who meets the expedition's requirements (including diving qualifications and medical fitness) and is approved by MMF. If the space is resold to any person and their payment has cleared, MMF will refund the cancelling participant the amount recovered for that space, up to the amount they paid, less any unrecoverable payment costs and a US$200 administration fee. No refund is due unless and until the replacement payment has cleared.
Deposits and payments are not transferable to other expeditions, and MMF does not issue credits for cancelled bookings, other than through the resale process in point 7.
Travel insurance is required. Each participant must hold comprehensive travel insurance covering trip cancellation and interruption, overseas medical expenses, and emergency evacuation, and must provide the insurer's name, policy number, and confirmation of coverage no later than the final-payment date. Suitable insurance may reimburse amounts you forfeit under these terms; MMF makes no representation about what any policy covers — please check with your insurer. Insurance does not alter MMF's payment and cancellation terms. If comprehensive cancellation cover is genuinely unavailable to you, please contact MMF before the final payment date — any exception must be agreed in writing by MMF. A participant who has not provided evidence of insurance by the final payment date may be denied participation, and the cancellation terms will apply.
Participants who will be scuba diving are also required by our operators to provide proof of their dive qualifications and personal dive-accident insurance that includes emergency evacuation (Divers Alert Network is recommended), and will not be permitted to dive until such proof is provided. Refusal to dive on medical or qualification grounds does not entitle a participant to a refund.
Prices are quoted in US dollars. Payment costs (bank or card fees) are the participant's responsibility. Refunds are made in US dollars to the original payment method. The expedition price does not include third-party charges such as marine park and conservation fees, port and harbour fees, fuel surcharges, government taxes, or similar levies; these are set by governments and operators, are payable by the participant (usually on board), and may change without notice. In the exceptional case that the operator or a government imposes an additional charge on the expedition after booking, MMF may pass this on to participants at cost and will notify participants as soon as reasonably possible; such charges do not entitle a participant to cancel without the cancellation terms applying.
Expedition itineraries, dive sites, and vessels may be adjusted by the operator or MMF for weather, safety, or operational reasons; such reasonable, non-material adjustments do not entitle a participant to a refund. If MMF makes a material change to the dates, duration, principal destination, or vessel standard, the participant may accept a comparable substitute or receive a refund of the amounts MMF recovers from the operator. In exceptional circumstances, the MMF hosts and scientists named for an expedition may need to change; if that happens, MMF will make reasonable efforts to provide a suitable replacement host, and a change of host does not entitle a participant to a refund. Wildlife sightings are never guaranteed.
Cancellation or postponement by MMF or the operator. If MMF cancels an expedition for any reason other than the participant's breach, MMF will refund all payments made to MMF; MMF is not liable for other costs the participant has incurred (such as flights or insurance). If the operator cancels, or the expedition cannot proceed due to events beyond MMF's reasonable control (including weather, natural events, epidemic or pandemic, travel or border restrictions, government action, or the operator's failure), MMF will refund what it recovers from the operator and use reasonable efforts to recover the rest. Where the operator offers rescheduled dates or a credit instead of a refund, MMF may offer the participant the same — a transfer to the rescheduled expedition or a credit towards another MMF expedition — in place of a cash refund of the amounts held by the operator. A participant's own inability or decision not to travel — including due to illness, quarantine, or travel restrictions that apply to them personally — constitutes a cancellation by the participant, and the cancellation terms and their travel insurance apply.
Each participant is responsible for obtaining the visas and travel documents required for the expedition and for arriving at the port of embarkation on time; failure to do so will be treated as a cancellation by the participant.
Conduct and fitness. Participants must be 18 years of age or older at the time of departure. Participants must provide accurate medical and diving information when asked, follow the safety instructions of MMF and the operator, and behave with consideration for other guests and crew. MMF or the operator may refuse or end a participant's participation for unsafe or seriously disruptive conduct, or where a participant's fitness to take part is in doubt; the decision of the vessel's captain or cruise director, or of the MMF host, is final. No refund is due in that case, and all costs arising — including transport back to shore, accommodation, and onward travel — are the participant's responsibility. Other participants are not entitled to compensation for any itinerary change this causes.
Release of Liability and Assumption of Risk
In order to allow me, or the person I represent, to participate as passenger or guest in the organized trips by the Marine Megafauna Foundation (hereinafter, simply The Company, including their principals; directors; representatives; agents; attorneys; officers; employees and workers, dependent or not, subordinate or not, wage earner or not).
I hereby acknowledge that I have been advised and thoroughly informed of the inherent hazards of scuba diving, snorkelling, swimming and other aquatic activities, and participating in a Marine Megafauna Foundation expedition. Therefore, I understand, agree and accept the following:
That even though I may follow all appropriate and safe practices associated with scuba diving, there is still a risk of my sustaining decompression sickness, embolism, hyperbaric injuries and/or other injuries. I expressly assume the risk of any or all of said injuries, including death, and release The Company of any responsibility or liability.
That I am aware of the dangers of breath-holding while engaging in aquatic activities. I expressly assume the risk of any or all of said injuries, including death, and will not hold The Company responsible for any and all of such injuries.
That I will be on a diving trip and/or land tour in remote areas, isolated by time and distance from a decompression chamber or medical facility. I still choose to proceed with such dives in spite of the absence of a decompression chamber in proximity to the dive site. I expressly assume the risk of engaging in the activities in such remote locations and release The Company of any responsibility or liability.
That I am in good health, and have a good level of fitness, as required of me to join on a multilevel boat to remote locations, and for all the activities I plan to engage in. That in case of accidents or medical problems arising during the expedition, either on board or onshore, which results in costs for medical services, decompression chamber treatment, evacuation, use of aircraft or repatriation, the responsibility or payment of these costs belongs solely to me. I declare I have prepared sufficient insurance for emergencies while traveling and diving.
That I will inspect my snorkelling and/or scuba diving equipment prior to engaging in the activities and that I will organize repair, replacement, or rental if any of the equipment is not working properly. Prior to each dive, I will check each item of equipment to ensure proper function, completeness and familiarity. I do not expect my equipment to be inspected by anyone else. I will not hold The Company responsible for any injuries received as a result of my failure to inspect the equipment, or its unexpected failure while in use.
That if I do obtain any equipment from any representatives of The Company, I accept the equipment as is. The Company accepts no responsibility for any defect in any of the equipment of The Company and does not warrant that it is suitable for any particular purpose.
The Company shall not be liable for any acts, omissions, failures of any third parties such as ground, air or other travel services, tour agencies, guides, public carriers, etc. It is my responsibility to arrive early or on time before each expedition.
That in consideration of being allowed to enrol on this Expedition I hereby personally assume all risks in connection with this trip and release The Company of any responsibility or liability, to the greatest extent allowed by law, for any loss or damages to property, or personal injury or death. I understand and agree that The Company may not be held reliable or responsible in any way for any injury, death, or other damages to me or my family, heirs, or assigns that may occur as a result of my participation of this Expedition or as a result of circumstances, such as but not limited to: interaction with any wildlife or natural environment, chemical envenomization, contamination of foods, air or water; diving or snorkelling activities, etc.; causes related to the “Force Majeure” or Acts of God and Unavoidable Acts of Man, such as but no limited to: weather and climatic events, meteorological conditions, earthquake and volcanic activity, health or safety public risk, riots or strikes, acts of war, insurrection, revolt or other civil uprising or military action, acts of terrorism or piracy, requirements of governmental authorities, etc; acts, omissions, failures of any third parties such as ground, air or other travel services, tour agencies, guides, public carriers, rescue operators, etc; acts, omissions, failures of the own Participant; acts, omissions, delays, failures or other irregularities, however caused by directly or indirectly or/and concurrent with the negligence of The Company, whether passive or active; causes related to unforeseen or unavoidable circumstances.
That I further agree to save, defend, indemnify, and hold harmless The Company from any claim or lawsuit by me, anyone purporting to act on my behalf, my family, estate, heirs or assigns, arising directly or indirectly out of my participation on this Expedition including claims arising during the trip.
That I agree to leave all land, surface and sub-surface visited sites undisturbed. I will not willfully damage, collect or remove any live animal, shellfish, fish, coral and/or items pertaining to shipwrecks, including fixtures, from their present marine environment, animals or ecosystem. I shall bear full responsibility and financial liability for any violations of this provision. I also affirm that I will abide by all Codes of Conduct for megafauna interactions issued to me in briefings by The Company, local operators or guides.
That I waive and relinquish, in favor of The Company, any and all claims, demands or causes of action, whether matured or unmatured, foreseen or unforeseen, arising from or in connection with/or as a result of my participation of the expedition including, without limitation, those for or relating to accident, personal injury, illness, theft, property damage and/or wrongful death occurring to me, wherever and however such injuries, damages or death may occur and for whatever period of time the Activities may continue, whether caused by negligence of The Company or otherwise.
That this document shall be governed, interpreted, construed, enforced and determined according to the laws of The United States of America. That if any provision of this document is found to be unenforceable or invalid, that provision shall be severed from this contract. The remainder of this document shall remain in full force and effect. That, despite the foregoing prohibition against suing the Company, if any lawsuits are filed against The Company, such lawsuits shall be adjudicated only in the courts or tribunals of Florida USA, to the exclusion of any other courts or tribunals.
Therefore, in consequence with the previous provisions I have already accepted, I declare that I am of legal age in the jurisdiction of my residence and am competent to sign this document or, if not, that my parent or legal guardian shall sign on my behalf, and that my guardian or parent completely understands and concurs with this document. I understand that the terms herein are contractual and not mere recital, and that I have signed this document of my own free act.