What to know
before your tour

Terms and conditions

We are very excited about the upcoming whale shark season 2022. For all of us, offering this activity has always been very satisfactory and we are constantly trying to improve every aspect to offer you a unique experience.

It is very important that you understand that we are doing an activity with wild animals in the open ocean. There are many factors at play that influence this activity and believe us when we say that every single day is different.

Our goal is to offer you the best possible experience according to the circumstances focusing in service and safety.

 

Other operators and the total number of boats

The touristic activity with Whale sharks in the Mexican Caribbean is regulated by the Mexican government and there is a limited number of authorized operators. Boats can depart only from specific piers located in Isla Mujeres, Punta Sam, Holbox and Chiquilá.

Most of the times boats are scattered in the zone, but when the currents concentrate the food in a small area, you might see a large number of boats. In such cases, there may as well be a large number of whale sharks and the ratio can be of several whale sharks per boat.

On few days during the season it could happen that due to a shortage or lack of plankton on the surface, we are only able to see a few whale sharks while the rest of the aggregation remains in the bottom. If this happens there can be a large number of boats and only a few specimens to see. A new regulation indicates that if the number of whale sharks in a specific place is less than five, and the number of boats is larger than 5 boats per whale shark, tourists will not be allowed to swim with the whale sharks and the activity will be limited to watch these animals from the boat. This specific regulation was made to avoid the harassment of the animals. It is possible that some operators won’t follow this rule, especially if there is no authority in the area, but we must understand that all regulations were made to protect the whale sharks and therefore we will not follow the disobedient operators. We thank you in advance for your understanding of our position and your sensitivity towards the whale sharks.
Cancellations

For cancellations made up to 72 hours before the tour we will refund 100% of your payment. After that, we will refund your payment only if we can sell the seats you have cancelled. Most of the times, especially during the busier months, we are fully booked and even have waiting lists on certain dates. We also have clients looking for seats with us one day before the tour, so it is very probable that we can sell the cancelled seats. Time is of the essence in these cases, so if you need to make a cancellation, let us know as soon as possible.

When we have very last-minute cancellations (i.e. one hour before the tour because of sickness), we have managed to sell the seats directly on the pier shortly before departure or to overbooked operators. When this is the case, we might offer the last-minute client a discount, and if we do, the penalty of the last-minute cancellation would be the discount offered to fill the empty seat. The whole idea of our booking and cancelation policy is to secure our clients a seat on our tour and at the same time make sure that our boats are full. We don’t pretend to make extra money from cancellations.
Guarantee and refunds

The whale shark management program for this activity specifically prohibits to guarantee any whale shark sighting. This is because it has been proved that operators and captains offering money back guarantee tend to disobey the rules in the area just to make sure that a tourist can see a whale shark in order to avoid payment refunds, resulting in a harmful practice for the whale sharks.

We cannot and do not guarantee the sightings of whale sharks. We are talking about wild animals in the open sea, and the presence of a whale shark in a specific area is absolutely not in our hands. Our captains are former fishermen and they have known the area for years. If there is a whale shark on the surface, they will most likely find it. If we consider that on specific days it is less likely to see whale sharks because of the given conditions, we will inform you accordingly and offer you the possibility to cancel your booking entitling you to a full refund of your payment. Our policy is to be very honest about the conditions and about what to expect. We prefer a cancelation over a complaint. If you decide to do the tour, once the boat has left the pier, we cannot give any refund.

If the harbor master closes the port or if we decide not to do the tour because of the conditions and/or the low chances of seeing whale sharks, we will refund 100% of your payment.

 

Restrictions (Important if you have children)

According to Mexican law, this type of services known as “Nautical Tourism” have following restrictions:

1. Services will not be provided to pregnant women, people with recent injuries or physical disabilities, heart, neurological, nervous or back problems, and those who have ingested drugs, intoxicants or intoxicating beverages.

2. Services can only be provided to minors aged between 10 and 16 years if they are accompanied by an adult. If you have children aged between 6 and 10 years, they will only be allowed to participate in this excursion with a written liability release signed by the parents in the understanding that they will assume full responsibility. This service will not be provided to minors under six years, even if parents assume full responsibility. Regarding the insurance, it will only cover passengers with a minimum age of 12. For children under 12, parents will assume full responsibility by signing a liability release for the insurance.

3. The use of life vests is mandatory in all cases.

4. The service provider will not be held responsible for the damages caused to the users by their own fault or inexcusable negligence of themselves.

5. All participants must wear a bracelet that proves that the federal tax has been paid (tax included in the price)

 

Rules

The golden rule is “watch, not touch”. Beside this one, there are many other rules that operators and tourists must follow. Our staff is familiar with all of them and they will inform you if a specific behavior is allowed or not. Here are some of the most important rules that apply to tourists and that all participants must follow:

Each tourist is allowed to enter the water and swim with a whale shark a maximum of 2 times.

The maximum of tourist in the water at the same time is 2, always accompanied by the guide

The observer or tourist should slide cautiously from the boat into the water, avoiding making noise when entering the water

The use of a life vest while swimming with the whale sharks is mandatory

The swimmers are not allowed to submerge and try to swim under the whale shark

It is forbidden to touch the fin, tail or any other part of the Whale Shark

Only biodegradable sunscreens are allowed

The use of drones or remote piloted aircraft (RPA) for air or water for tourist and recreational activities related to TB observation activity is prohibited

It is forbidden to drink alcoholic beverages, toxic or psychotropic substances before or during the trip

We are very excited about the upcoming whale shark season 2022. For all of us, offering this activity has always been very satisfactory and we are constantly trying to improve every aspect to offer you a unique experience.

It is very important that you understand that we are doing an activity with wild animals in the open ocean. There are many factors at play that influence this activity and believe us when we say that every single day is different.

Our goal is to offer you the best possible experience according to the circumstances focusing in service and safety.


Other operators and the total number of boats

The touristic activity with Whale sharks in the Mexican Caribbean is regulated by the Mexican government and there is a limited number of authorized operators. Boats can depart only from specific piers located in Isla Mujeres, Punta Sam, Holbox and Chiquilá.

Most of the times boats are scattered in the zone, but when the currents concentrate the food in a small area, you might see a large number of boats. In such cases, there may as well be a large number of whale sharks and the ratio can be of several whale sharks per boat.

On few days during the season it could happen that due to a shortage or lack of plankton on the surface, we are only able to see a few whale sharks while the rest of the aggregation remains in the bottom. If this happens there can be a large number of boats and only a few specimens to see. A new regulation indicates that if the number of whale sharks in a specific place is less than five, and the number of boats is larger than 5 boats per whale shark, tourists will not be allowed to swim with the whale sharks and the activity will be limited to watch these animals from the boat. This specific regulation was made to avoid the harassment of the animals. It is possible that some operators won’t follow this rule, especially if there is no authority in the area, but we must understand that all regulations were made to protect the whale sharks and therefore we will not follow the disobedient operators. We thank you in advance for your understanding of our position and your sensitivity towards the whale sharks.
Cancellations

For cancellations made up to 72 hours before the tour we will refund 100% of your payment. After that, we will refund your payment only if we can sell the seats you have cancelled. Most of the times, especially during the busier months, we are fully booked and even have waiting lists on certain dates. We also have clients looking for seats with us one day before the tour, so it is very probable that we can sell the cancelled seats. Time is of the essence in these cases, so if you need to make a cancellation, let us know as soon as possible.

When we have very last-minute cancellations (i.e. one hour before the tour because of sickness), we have managed to sell the seats directly on the pier shortly before departure or to overbooked operators. When this is the case, we might offer the last-minute client a discount, and if we do, the penalty of the last-minute cancellation would be the discount offered to fill the empty seat. The whole idea of our booking and cancelation policy is to secure our clients a seat on our tour and at the same time make sure that our boats are full. We don’t pretend to make extra money from cancellations.
Guarantee and refunds

The whale shark management program for this activity specifically prohibits to guarantee any whale shark sighting. This is because it has been proved that operators and captains offering money back guarantee tend to disobey the rules in the area just to make sure that a tourist can see a whale shark in order to avoid payment refunds, resulting in a harmful practice for the whale sharks.

We cannot and do not guarantee the sightings of whale sharks. We are talking about wild animals in the open sea, and the presence of a whale shark in a specific area is absolutely not in our hands. Our captains are former fishermen and they have known the area for years. If there is a whale shark on the surface, they will most likely find it. If we consider that on specific days it is less likely to see whale sharks because of the given conditions, we will inform you accordingly and offer you the possibility to cancel your booking entitling you to a full refund of your payment. Our policy is to be very honest about the conditions and about what to expect. We prefer a cancelation over a complaint. If you decide to do the tour, once the boat has left the pier, we cannot give any refund.

If the harbor master closes the port or if we decide not to do the tour because of the conditions and/or the low chances of seeing whale sharks, we will refund 100% of your payment.


Restrictions (Important if you have children)

According to Mexican law, this type of services known as “Nautical Tourism” have following restrictions:

Services will not be provided to pregnant women, people with recent injuries or physical disabilities, heart, neurological, nervous or back problems, and those who have ingested drugs, intoxicants or intoxicating beverages.

Services can only be provided to minors aged between 10 and 16 years if they are accompanied by an adult. If you have children aged between 6 and 10 years, they will only be allowed to participate in this excursion with a written liability release signed by the parents in the understanding that they will assume full responsibility. This service will not be provided to minors under six years, even if parents assume full responsibility. Regarding the insurance, it will only cover passengers with a minimum age of 12. For children under 12, parents will assume full responsibility by signing a liability release for the insurance.

The use of life vests is mandatory in all cases.

The service provider will not be held responsible for the damages caused to the users by their own fault or inexcusable negligence of themselves.

All participants must wear a bracelet that proves that the federal tax has been paid (tax included in the price)

Rules

The golden rule is “watch, not touch”. Beside this one, there are many other rules that operators and tourists must follow. Our staff is familiar with all of them and they will inform you if a specific behavior is allowed or not. Here are some of the most important rules that apply to tourists and that all participants must follow:

Each tourist is allowed to enter the water and swim with a whale shark a maximum of 2 times.

The maximum of tourist in the water at the same time is 2, always accompanied by the guide

The observer or tourist should slide cautiously from the boat into the water, avoiding making noise when entering the water

The use of a life vest while swimming with the whale sharks is mandatory

The swimmers are not allowed to submerge and try to swim under the whale shark

It is forbidden to touch the fin, tail or any other part of the Whale Shark

Only biodegradable sunscreens are allowed

The use of drones or remote piloted aircraft (RPA) for air or water for tourist and recreational activities related to TB observation activity is prohibited

It is forbidden to drink alcoholic beverages, toxic or psychotropic substances before or during the trip

It is forbidden to take photos with flash

Get ready to swim with the biggest fish in the sea

Get ready to swim with gentle giants