Terms of use

Last updated: September 2026

These Terms of Use (this “Agreement”) are a binding agreement between you and Whale Watching (“we”, “us”, “our”), which operates the website at whale-watching.net (the “Site”). By accessing or using the Site, you acknowledge that you have read, understood and agree to be bound by this Agreement. If you do not agree, please do not use the Site.

1. Binding agreement

By accessing the Site you acknowledge constructive notice of these Terms of Use and your agreement to be bound by the language herein. If you use the Site on behalf of an organisation, you represent that you are authorised to accept these Terms on its behalf.

2. Privacy

We believe in being transparent about our privacy and information-collection practices. Your use of the Site is also governed by our Privacy Policy, which is incorporated into this Agreement by reference.

3. What this site is

Whale Watching is an independent comparison and information website for whale watching tours. We do not operate tours, run boats or sell tickets, and we are not the official website of any operator or destination. Bookings are made through our partner, Headout, under their terms.

4. Bookings and payments

When you book a tour, you are directed to Headout to complete your purchase. Your booking, payment, confirmation, changes, cancellations and refunds are governed by Headout’s terms and the operator’s policies. We are not a party to that contract and have no responsibility for the fulfilment of any tour.

5. Accuracy of information and wildlife

Tour details, prices, ratings, sighting odds and seasons are provided for general guidance and can change without notice. Always confirm the current price and policy on the Headout listing before booking. Whales and other wildlife are wild animals, and no operator can guarantee a sighting.

6. Governing law

These Terms shall be construed in accordance with and governed by the laws of Germany, without reference to rules regarding conflicts of law. You irrevocably consent to the exclusive jurisdiction of the courts of Germany in all disputes arising out of or related to the use of the Site or these Terms of Use.

7. Age

The Site is intended only for users aged 18 or older. Individuals under the age of 18 should not use the Site.

8. Your content

If you submit content to us (for example by email), you grant us permission to use, reproduce and store that content as reasonably necessary to respond to you and operate the Site. You confirm that you have the rights necessary to share it, and that it does not infringe the rights of any third party.

9. Acceptable use

You agree not to upload, transmit or distribute any content that is unlawful, defamatory, obscene, abusive or threatening, or that advocates conduct that would constitute a criminal offence or give rise to civil liability. We may remove such content and cooperate with law-enforcement authorities investigating any violation of these Terms or of applicable law.

10. Affiliate links and affiliated sites

Some links on the Site are affiliate links; if you book through them we may earn a commission at no additional cost to you (see our Affiliate Disclosure). The Site may also link to third-party websites we do not control. We are not responsible for the accuracy, content or quality of those sites, and your use of them is at your own risk.

11. Intellectual property

The design and original text on this Site are owned by Whale Watching. Tour images and data are the property of Headout and the operators. Nothing on the Site grants you a licence to use any trademark, service mark or logo of Whale Watching or of any third party. You may not copy content from the Site, manually or by automated means, without our permission.

12. Prohibited uses

You must not violate or attempt to violate the security of the Site, including by accessing data not intended for you, probing or scanning its vulnerability, interfering with service to any user or network, or reverse-engineering any part of the Site. Any such violation may subject you to civil and/or criminal liability.

13. No warranties

The Site is provided “as is” and “as available” without warranty of any kind. To the maximum extent permitted by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose and non-infringement. We do not warrant that the Site will be uninterrupted or error-free.

14. Limitation of liability

To the maximum extent permitted by law, Whale Watching shall not be liable for any indirect, incidental, special or consequential damages, lost profits or lost data arising out of or in connection with your use of the Site or any tour booked through a third party, regardless of the legal theory on which the claim is based.

15. Indemnity

You agree to indemnify and hold Whale Watching harmless from any third-party claims, losses, liabilities and reasonable costs arising out of your use of the Site or your breach of these Terms of Use.

16. Severability and waiver

If any provision of these Terms is found unenforceable, the remaining provisions remain in full force and effect. No waiver of any breach shall be effective unless made in writing, and no waiver shall constitute a waiver of any other breach.

17. Changes

We may update these Terms from time to time by posting the revised version on the Site. Continued use after changes are posted constitutes acceptance of the updated Terms.

18. Contact

Questions about these Terms? Email email.