Terms, Cancellation & Return Policy

TICKET & ENCOUNTER CANCELLATIONS

All of our cancellations are handled over the phone, at 305-407-3262, with our customer support representatives. Please note the following with respect to Aquarium Encounter reservation rescheduling, cancellations and refunds:

• Aquarium Encounter Reservations must be rescheduled prior to 72 hours of your scheduled reservation. Availability of rescheduling is contingent upon availability on our schedule on your requested rescheduling date.
• To qualify for a refund, Aquarium Encounter Reservations must be cancelled prior to 30 days before your scheduled visit.
• Within 30 days, reservations can only be rescheduled to another available date at our Aquarium.
• We do not provide refunds or rescheduling of any type within 72 hours of reservation.
• Prompt arrival is required for any scheduled Aquarium Encounter. Individuals and parties should arrive 15 minutes before their scheduled Aquarium Encounter in order to register and prepare for your big aquatic adventure. Individuals or parties who arrive after the scheduled encounter time are liable for cancellation of the scheduled Encounter and forfeiture of funds paid due to “day-of” cancellation.

Please note that in the unlikely event that weather conditions result in the cancellation of your event we will do our best to efficiently reschedule your encounter in a manner that suits your schedule.  Cancellation of events will be at the sole discretion of the Florida Keys Aquarium Encounters staff.   In the event that rescheduling is not possible, our team will happily assist you with a refund on your Encounter.

MERCHANDISE RETURN POLICIES

At Florida Keys Aquarium Encounters, we have put in place a return policy that allows our customers to be fully satisfied with our products and service. We do not provide refunds of any kind. Sales are final once the transaction is completed in our online store. We will of course return and re-ship any product that is damaged in the course of delivery to you, our valued customer. There are a few small stipulations that we ask of you, the customer, before we can send out a new shipment of your products in the unlikely event that you are unsatisfied with the products that you order from us due to shipping errors. Please consider the following closely before contacting us.

• Garments must be unwashed and unworn.
• Garments must be in the original condition that the customer received them.
• Garments must be returned within 15 days of delivery date.
• Merchandise that was ordered incorrectly by the customer cannot be returned.
• We will happily make right any damaged orders.

If you understand the following terms and wish to proceed with a return of a product, please complete the following steps.

1. Contact Florida Keys Aquarium Encounters at info@floridakeysaquariumencounters.com and submit your return request.
2. We will return your query and supply you with return instructions.
3. Ship the damaged goods back to us at Florida Keys Aquarium Encounters, along with a copy of the return information.
4. New goods will be shipped to you in a timely manner.

Aquarium Encounters Terms and Conditions

At Florida Keys Aquarium Encounters, we offer truly interactive experiences that immerse our valued guests into the native marine habitats of the Florida Keys.

Please read this Terms of Service agreement carefully. Your use of the Site (as defined below) constitutes your agreement to this Terms of Service agreement.

This Terms of Service Agreement (the “Agreement”) is between you (“you”) and Florida Keys Aquarium Encounters (“Company,” “we,” “us”), concerning your use of http://www.FloridaKeysAquariumEncounters.com (together with any successor site(s) and all Services (as defined below), the “Site”).

ACCEPTANCE OF TERMS.

The Site is made available by Company subject to this Agreement. We reserve the right to update or make changes to this Agreement from time to time in our sole discretion, which changes we may provide to you by any reasonable means, including without limitation, by posting the revised version of this Agreement on the Site. You can determine when this Agreement was last revised by referring to the “LAST UPDATED” legend at the top of this Agreement. When using any Services (as defined below), you agree that you are subject to any additional posted guidelines, rules, terms and conditions applicable to such Services, which are hereby incorporated by reference into this Agreement.

We reserve the right, at any time, in whole or in part, to: modify or discontinue the Site, with or without notice; modify and/or waive any fees charged in connection with the Site; and/or offer opportunities to some or all users of the Site. You agree that neither we nor any of our affiliates shall be liable to you or to any third party for any modification, suspension or discontinuance of the Site, in whole or in part, or of any Service, content, feature or product offered through the Site. Your continued use of the Site after such changes will indicate your acceptance of such changes.

While we try to maintain the integrity and security of the Site and the servers from which the Site is operated, we do not guarantee that the Site will be or remain secure, complete or correct, or that access to the Site will be uninterrupted. The Site may include inaccuracies, errors and materials that violate or conflict with this Agreement.

LIABILITY RELEASE AND ASSUMPTION OF RISK

With respect to Attendance at the Aquarium & Participation in Aquarium Encounters you hereby affirm that you are aware that skin and scuba diving have inherent risks which may result in serious injury or death.

You understand that diving with compressed air involves certain inherent risks; decompression sickness, embolism or other hyperbaric injury can occur that requires treatment in a recompression chamber. You further understand that Florida Keys Aquarium Encounters (hereinafter “program”) may be conducted at a site that is remote, either by time or distance or both, from such a recompression chamber. You still choose to proceed with this program in spite of the absence of a recompression chamber in proximity to the dive site.

You understand and agree that neither the dive professionals conducting this program, nor the facility through which this activity is conducted, A Deep Blue Dive Center; nor Marathon Aquarium, nor any of their respective employees, officers, agents or assigns (hereinafter referred to as “Released Parties”) may be held liable or responsible in any way for any injury, death or other damages to you, your family, estate, heirs or assigns that may occur as a result of your participation in this program or as a result of the negligence of any party, including the Released Parties, whether passive or active.

In consideration of being allowed to participate in this program, you hereby personally assume all risks for any harm, injury or damage, whether foreseen or unforeseen, that may befall you while participating in this program, including but not limited to the knowledge development and/or confined water.

You further release and hold harmless the Florida Keys Aquarium Encounters program and the Released Parties from any claim or lawsuit by you, your family, estate, heirs or assigns, arising out of your participation in this program.

MEDICAL HISTORY ACKNOWLEDGMENT

You understand that skin diving and scuba diving are physically strenuous activities and that in select Aquarium Encounters you will be exerting yourself during this program and that if you are injured as a result of heart attack, panic, hyperventilation, etc. that you expressly assume the risk of said injuries and that you will not hold the Released Parties responsible for the same. You understand that past or present medical conditions may be contraindications to your participation in the program. You affirm that you are not currently suffering from a cold or congestion, or have an ear infection. You affirm that you do not have a history of seizures, dizziness or fainting, or a history of a heart condition (e.g. cardiovascular disease, angina, heart attack). You further affirm that I do not have a history of respiratory problems such as emphysema or tuberculosis. You affirm that you are not currently taking medication that carries a warning about any impairment of your physical or mental abilities. You agree to accept responsibility for omissions regarding your failure to disclose any existing or past health conditions.

You further state that you are of lawful age and legally competent to agree to this Liability Release and Assumption of
Risk Agreement, or that you have acquired the written consent of your parent or guardian.

You understand and agree that you are not only giving up your right to sue the Released Parties but also any rights your heirs, assigns, or beneficiaries may have to sue the Released Parties resulting from your death. You further represent that you have the authority to do so and that your heirs, assigns, or beneficiaries will be estopped from claiming otherwise because of your representations to the Released Parties. You understand that the terms herein are contractual and not a mere recital and that you have agreed to this Release of your own free act and with the knowledge that you hereby agree to waive your legal rights.

You further agree that if any provision of this Agreement is found to be unenforceable or invalid, that provision shall be severed from this Agreement. The remainder of this Agreement will then be construed as though the unenforceable
provision had never been contained herein.

BY AGREEMENT OF THIS INSTRUMENT YOU DO EXEMPT AND RELEASE THE DIVE PROFESSIONALS CONDUCTING THIS PROGRAM, THE FACILITY THROUGH WHICH THIS PROGRAM IS CONDUCTED, AND ALL RELATED ENTITIES AND RELEASED PARTIES AS DEFINED ABOVE, FROM ALL LIABILITY OR RESPONSIBILITY WHATSOEVER FOR PERSONAL INJURY, PROPERTY DAMAGE OR WRONGFUL DEATH, HOWEVER CAUSED, INCLUDING BUT NOT LIMITED TO THE NEGLIGENCE OF THE RELEASED PARTIES, WHETHER PASSIVE OR ACTIVE. YOU HAVE FULLY INFORMED YOURSELF OF THE CONTENTS OF THIS LIABILITY RELEASE AND ASSUMPTION OF RISK AGREEMENT BY READING IT.

COMPANY’S PROPRIETARY RIGHTS.

The information and materials made available through the Site, including the Services, are and shall remain the property of Company and its licensors and suppliers, and are protected by copyright, trademark, patent, and/or other proprietary rights and laws. Except as expressly authorized in advance by Company, you agree not to reproduce, modify, rent, lease, loan, sell, distribute, or create derivative works based (whether in whole or in part) on, all or any part of the Site or any materials made available through the Site. Trade names, trademarks and service marks of Company include without limitation, Florida Keys Aquarium Encounters, and any associated logos. The trade names, trademarks and service marks owned by Company, whether registered or unregistered, may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of Company trade names, trademarks or service marks without our express prior written consent.

PLEASE NOTE THAT UNAUTHORIZED USE OF ANY SERVICE OR PRODUCT, INCLUDING, WITHOUT LIMITATION, ANY SOFTWARE USED BY THE SERVICES, MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, (INCLUDING, WITHOUT LIMITATION, POSSIBLE MONETARY DAMAGES), INCLUDING, WITHOUT LIMITATION, FOR COPYRIGHT INFRINGEMENT.